Courts Legislation Amendment (Juries and Other Matters) Act 2008

i Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF CONSTITUTION ACT 1975 3 3 Pensions of Supreme Court judges 3 PART 3—AMENDMENT OF JURIES ACT 2000 4 4 Jury pools 4 5 Remuneration and allowances for jury service 4 6 Secrecy and jury irregularities 5 7 New section 78A inserted 6 78A Panel member or juror must not make enquiries about trial matters 6 78B Examination of juror etc. as to enquiries 8 78C Self-incrimination not an excuse 8 PART 4—AMENDMENT OF MAGISTRATES' COURT ACT 1989 9 8 Rule-making power of Magistrates 9 9 Witnesses to statements tendered at committal proceedings 9 PART 5—GENERAL 10 10 Repeal of Act 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 Courts Legislation Amendment (Juries and Other Matters) Act 2008 † No. 38 of 2008 [Assented to 26 August 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Constitution Act 1975 with respect to the recognition for pension purposes of certain prior service of persons appointed as judges of the Supreme Court; and Victoria -- 2 of 12 -- Part 1—Preliminary Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 2 (b) to amend the Juries Act 2000 in relation to the powers of the Juries Commissioner, the remuneration and allowances for jury service and investigations by jurors; and (c) to amend the Magistrates' Court Act 1989 in relation to persons who may witness statements to be tendered in committal proceedings. 2 Commencement (1) This Act (except section 5 and Part 4) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (4), section 5 comes into operation on a day to be proclaimed. (3) Subject to subsection (4), Part 4 comes into operation on a day to be proclaimed. (4) If section 5 and Part 4 do not come into operation before 1 January 2009, they come into operation on that day. __________________ s. 2 -- 3 of 12 -- Part 2—Amendment of Constitution Act 1975 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 3 PART 2—AMENDMENT OF CONSTITUTION ACT 1975 3 Pensions of Supreme Court judges In section 83(1)(a)(iii) of the Constitution Act 1975, after "subsection" (where first occurring) insert "(6)(b) or". __________________ s. 3 See: Act No. 8750. Reprint No. 18 as at 31 October 2006 and amending Act Nos 24/2006 and 24/2007. LawToday: www. legislation. vic.gov.au -- 4 of 12 -- Part 3—Amendment of Juries Act 2000 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 4 PART 3—AMENDMENT OF JURIES ACT 2000 4 Jury pools (1) Insert the following heading to section 29 of the Juries Act 2000— "Jury pools". (2) After section 29(4A) of the Juries Act 2000 insert— "(4B) The Juries Commissioner may exclude a person from a pool if the Juries Commissioner is satisfied that the person is unavailable to sit on a trial due to the likely length of the trial. (4C) In order to exclude a person under subsection (4B), the Juries Commissioner must be satisfied— (a) by evidence on oath, whether oral or by affidavit; or (b) by statutory declaration; or (c) if the Juries Commissioner considers it appropriate, by any other means. (4D) A person excluded under subsection (4B) may be allocated to another pool for jury service.". (3) In section 29(5) of the Juries Act 2000, after "subsection (3)" insert "and who have not been excluded under subsection (4B)". 5 Remuneration and allowances for jury service (1) In section 51(1) of the Juries Act 2000, for "prescribed rate of remuneration and allowances" substitute "rate of remuneration and allowances fixed for the time being under subsection (4)". s. 4 See: Act No. 53/2000. Reprint No. 2 as at 16 July 2007. LawToday: www. legislation. vic.gov.au -- 5 of 12 -- Part 3—Amendment of Juries Act 2000 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 5 (2) In section 51(3) of the Juries Act 2000, for "prescribed rate" substitute "rate fixed for the time being under subsection (4)". (3) After section 51(3) of the Juries Act 2000 insert— "(4) The Minister, by notice published in the Government Gazette, must fix the rate of remuneration and allowances to be paid under this section. (5) A notice under subsection (4)— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstances. (6) A notice under subsection (4) takes effect on the day on which it is published in the Government Gazette or, if a later day is specified in the notice, on that day. (7) A notice under subsection (4) may be amended or revoked in the same manner as that in which it was made.". 6 Secrecy and jury irregularities (1) In section 65(3) of the Juries Act 2000— (a) after paragraph (a) insert— "(ab) the Juries Commissioner; or"; (b) in paragraph (e), for "or the Director of Public Prosecutions for the Commonwealth" substitute ", the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner". (2) After section 78(3)(a)(i) of the Juries Act 2000 insert— "(ia) the Juries Commissioner; or". s. 6 -- 6 of 12 -- Part 3—Amendment of Juries Act 2000 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 6 (3) In section 78(3)(b) of the Juries Act 2000, for "or the Director of Public Prosecutions for the Commonwealth," substitute "the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner,". (4) In section 78(4) of the Juries Act 2000, after "Director of Public Prosecutions for Victoria" insert "or the Juries Commissioner". (5) After section 78(4) of the Juries Act 2000 insert— "(4A) If a complaint referred to in subsection (4) is made to the Juries Commissioner during the course of a trial, the Juries Commissioner must refer the complaint to the trial judge.". 7 New section 78A inserted After section 78 of the Juries Act 2000 insert— "78A Panel member or juror must not make enquiries about trial matters (1) A person who is— (a) on a panel for a trial; or (b) a juror in a trial— must not make an enquiry for the purpose of obtaining information about a party to the trial or any matter relevant to the trial, except in the proper exercise of his or her functions as a juror. Penalty: 120 penalty units. (2) This section applies from the time a person is selected or allocated as part of a panel for a trial until— (a) the person is excused from jury service on the trial; or (b) the person returns to the jury pool; or s. 7 -- 7 of 12 -- Part 3—Amendment of Juries Act 2000 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 7 (c) if the person is empanelled as a juror, the juror, or the jury of which the juror is a member, is discharged by the trial judge. (3) Nothing in this section prevents a juror from— (a) making an enquiry of the court or another member of the jury, in the proper exercise of his or her functions as a juror; or (b) making an enquiry authorised by the trial judge. (4) Anything done by a juror in contravention of a direction given to the jury by the trial judge is not a proper exercise by the juror of his or her functions as a juror. (5) In this section, making an enquiry includes— (a) consulting with another person; (b) conducting any research by any means; Example Using the Internet to search an electronic database for information. (c) viewing or inspecting a place or object that is relevant to the trial; (d) conducting an experiment; (e) requesting another person to make an enquiry. s. 7 -- 8 of 12 -- Part 3—Amendment of Juries Act 2000 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 8 78B Examination of juror etc. as to enquiries A judge may examine on oath a person referred to in section 78A(1) to determine whether a person has engaged in conduct that may constitute an offence against section 78A(1). 78C Self-incrimination not an excuse (1) A person is not excused from complying with a requirement to give evidence on an examination under section 78B on the ground that the evidence might incriminate the person in relation to an offence against section 78A. (2) Any evidence given by a person on an examination under section 78B or any information, document or thing obtained as a direct or indirect consequence of the person having given evidence is not admissible in evidence against the person in criminal proceedings in relation to an offence against section 78A. Note Subsection (2) does not extend to other offences, such as perjury.". __________________ s. 7 -- 9 of 12 -- Part 4—Amendment of Magistrates' Court Act 1989 Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 9 PART 4—AMENDMENT OF MAGISTRATES' COURT ACT 1989 8 Rule-making power of Magistrates After section 16(1A)(l) of the Magistrates' Court Act 1989 insert— "(la) prescribing persons or classes of persons for the purposes of clause 8(1)(b) of Schedule 5;". 9 Witnesses to statements tendered at committal proceedings For clause 8(1)(b) of Schedule 5 to the Magistrates' Court Act 1989 substitute— "(b) signed by the person making the statement and contain an acknowledgment signed by that person in the presence of a person, or a person belonging to a class of persons, prescribed by the Rules that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or". __________________ s. 8 See: Act No. 51/1989. Reprint No. 13 as at 15 August 2007 and amending Act Nos 77/2004, 62/2005, 51/2006, 50/2007, 52/2007, 53/2007, 8/2008, 12/2008 and 18/2008 LawToday: www. legislation. vic.gov.au -- 10 of 12 -- Part 5—General Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 10 PART 5—GENERAL 10 Repeal of Act This Act is repealed on 1 January 2010. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 10 -- 11 of 12 -- Courts Legislation Amendment (Juries and Other Matters) Act 2008 No. 38 of 2008 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 May 2008 Legislative Council: 26 June 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the Juries Act 2000 and the Magistrates' Court Act 1989 and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 26 June 2008 Legislative Council: 21 August 2008 Endnotes -- 12 of 12 --