Juries Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Juries Regulations 2011 S.R. No. 68/2011 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definitions 2 6 Panel of jurors 2 7 Discharge, deferral and cancellation of jury service 2 8 Control of pool of jurors 2 9 Empanelling of a jury 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 68/2011 Juries Act 2000 Juries Regulations 2011 The Governor in Council makes the following Regulations: Dated: 26 July 2011 Responsible Minister: ROBERT CLARK Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to provide for an efficient system of jury pools for criminal and civil trials; and (b) to permit jurors to be selected from the same pool of jurors for criminal and civil trials in the Supreme Court and in the County Court. 2 Authorising provision These Regulations are made under section 90 of the Juries Act 2000. 3 Commencement These Regulations come into operation on 30 July 2011. 4 Revocation The Juries Regulations 20011 are revoked. -- 2 of 5 -- S.R. No. 68/2011 Juries Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 5 Definitions In these Regulations— court means the Supreme Court, or the County Court, exercising the criminal or civil jurisdiction; judge means a Judge of the Supreme Court or a judge of the County Court. 6 Panel of jurors The Juries Commissioner may summon a panel of jurors to a court and if a judge or the Juries Commissioner consider it necessary the panel may be selected from a jury pool or be augmented from a jury pool. 7 Discharge, deferral and cancellation of jury service (1) If it appears to a judge that it is reasonable to discharge persons in a pool from further service, the court may do so if as far as possible the number of persons available for jury service does not fall below the number required to service the courts. (2) During any period of service in a pool, if it appears to the Juries Commissioner that the number of persons in attendance exceeds the number reasonably required or that it is otherwise necessary or expedient to do so, a judge or the Juries Commissioner may direct that the service of any of those persons be deferred or cancelled. 8 Control of pool of jurors (1) The pool supervisor must record the name of any person who fails to attend the jury pool room in accordance with a summons to attend as a juror and must cause the name of any such person to be called 3 times and, if the person summoned does not answer to their name, the pool supervisor must r. 5 -- 3 of 5 -- S.R. No. 68/2011 Juries Regulations 2011 3 Authorised by the Chief Parliamentary Counsel advise the Juries Commissioner, who must institute enquiries as to their non-attendance. (2) If the Juries Commissioner determines that a person has not provided a reasonable excuse for failing to comply with a summons for jury service, the Juries Commissioner must advise a judge. (3) Subject to any direction that may be given to the pool supervisor by a judge, any question of priority in the selection and allocation of persons for the purpose of constituting panels must be determined by the pool supervisor. 9 Empanelling of a jury (1) If a jury is empanelled and sworn, any person who has been selected and allocated but has not been empanelled must without delay return to the jury pool room, and that person again forms part of the pool. (2) If a jury empanelled for any trial is discharged by a judge, the members of that jury must without delay return to the jury pool room, and if any juror has not attended for jury service for the period specified in the summons or for any period that the Juries Commissioner in special circumstances directs, the person again forms part of the pool. ═══════════════ r. 9 -- 4 of 5 -- S.R. No. 68/2011 Juries Regulations 2011 4 Authorised by the Chief Parliamentary Counsel ENDNOTES ] 1 Reg. 4: S.R. No. 75/2001. Endnotes -- 5 of 5 --