Juries Regulations 2001

i Juries Regulations 2001 S.R. No. 75/2001 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Definitions 2 5. Panel of jurors 2 6. Summoning of jurors 2 7. Discharge, deferral and cancellation of jury service 3 8. Control of pool of jurors 3 9. Selection of jury panels 3 10. Empanelling of jury 4 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 2001 S.R. No. 75/2001 Juries Act 2000 Juries Regulations 2001 The Governor in Council makes the following Regulations: Dated: 31 July 2001 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE 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 1 August 2001. -- 2 of 5 -- S.R. No. 75/2001 Juries Regulations 2001 2 4. Definitions In these Regulations— "Chief Judge" means the Chief Judge of the County Court and includes the Acting Chief Judge and, in the absence of the Acting Chief Judge, the senior judge of the court for the time being present; "Chief Justice" means the Chief Justice of the Supreme Court and includes the Acting Chief Justice and, in the absence of the Acting Chief Justice means the senior Judge of the Court for the time being present; "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. 5. 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. 6. Summoning of jurors (1) The Juries Commissioner must ensure that no more persons are required to attend for service as a juror than are reasonably necessary. (2) If it appears to the Juries Commissioner before a person attends in answer to a summons to attend for service as a juror that the number of persons summoned exceeds the number likely to be required, the Juries Commissioner may direct that the service of any of those persons be deferred or cancelled. r. 4 -- 3 of 5 -- S.R. No. 75/2001 Juries Regulations 2001 3 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 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. Selection of jury panels r. 7 -- 4 of 5 -- S.R. No. 75/2001 Juries Regulations 2001 4 (1) The associate of, or any other person authorised by, a judge must notify a pool supervisor if a panel is required by the court for a trial, and the pool supervisor, subject to any direction of a judge in relation to the number of jurors required, must then at random select from the pool a sufficient number of persons to empanel a jury for the trial. (2) Subject to any direction from a judge, the pool supervisor, in deciding from which pool or pools a panel of jurors is to be selected, must consider the requirements and convenience of all courts for which panels may be required. (3) The pool supervisor must provide the names of the persons selected to the associate or to any other person authorised by a judge. 10. Empanelling of 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. ═══════════════ -- 5 of 5 --