Juries (Amendment) Act 2002

i Juries (Amendment) Act 2002 Act No. 43/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Appeal against decision of Juries Commissioner 2 4. Jury districts 3 5. Preparation of jury rolls 3 6. Calling of panel 4 7. Failure to reach unanimous verdict in civil trials 4 8. Remission of fines for failing to attend for jury service or as a juror 4 9. Persons disqualified from serving as jurors 5 10. Persons ineligible to serve as jurors 5 11. Saving provisions—persons disqualified or ineligible to serve as jurors 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Juries (Amendment) Act 2002 † [Assented to 15 October 2002] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Juries Act 2000— (a) to lengthen the period of time within which appeals may be made against certain decisions of the Juries Commissioner; (b) to give the court discretion as to whether or not to call out the names of a panel; (c) to provide for areas of the State to be assigned as jury districts; Victoria No. 43 of 2002 -- 2 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 2 (d) to provide for majority verdicts in civil trials with reduced juries of 5 jurors; (e) to enable the court to remit a fine imposed on a person who has a reasonable excuse for failing to attend for jury service or failing to attend as a juror; (f) to clarify provisions relating to persons disqualified or ineligible to serve as jurors. 2. Commencement (1) This section and section 1 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 5(2) comes into operation on— (a) the day after the day on which this Act receives the Royal Assent; or (b) the day on which the Electoral Act 2002 comes into operation— whichever is the later day. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act referred to in sub-section (3) does not come into operation before 1 November 2002, it comes into operation on that day. 3. Appeal against decision of Juries Commissioner In section 10 of the Juries Act 2000, for sub- section (1) substitute— "(1) A person aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 may appeal against the decision at any time before the person becomes a member of a panel.". s. 2 See: Act No. 53/2000 and amending Act Nos 78/2000 and 61/2001. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 3 4. Jury districts In section 18 of the Juries Act 2000— (a) in sub-section (2), for "comprising the electoral districts for the Legislative Assembly" substitute "of the State"; (b) in sub-section (3), for "electoral districts for the Legislative Assembly" substitute "an area of the State". 5. Preparation of jury rolls (1) In section 19 of the Juries Act 2000, for sub- section (2) substitute— "(2) On receipt of a notification under sub-section (1), the Electoral Commissioner must, as soon as practicable, select from the electoral rolls referred to in section 58 of The Constitution Act Amendment Act 1958 the number of persons required for the jury service period who— (a) are enrolled in respect of an address in that jury district; and (b) are apparently qualified and liable for jury service.". (2) In section 19(2) of the Juries Act 2000, as proposed to be substituted by sub-section (1) of this section— (a) for "Electoral Commissioner" substitute "Victorian Electoral Commission"; (b) for "electoral rolls referred to in section 58 of The Constitution Act Amendment Act 1958" substitute "register of electors established and maintained under section 21 of the Electoral Act 2002". s. 4 -- 4 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 4 6. Calling of panel In section 31(1) of the Juries Act 2000, for "must" substitute "may, if so directed by the court". 7. Failure to reach unanimous verdict in civil trials In section 47 of the Juries Act 2000, for sub- sections (1) and (2) substitute— '(1) In this section, "majority verdict" means— (a) if, at the time of returning its verdict, the jury consists of 6 jurors—a verdict on which 5 of them agree; (b) if, at the time of returning its verdict, the jury consists of 5 jurors—a verdict on which 4 of them agree. (2) If the jury in a civil trial has not reached a unanimous verdict after at least 3 hours deliberation, the court may, subject to sub-section (3), take a majority verdict as the verdict of the jury. (2A) If, after deliberating for at least 6 hours, the jury in a civil trial is unable to agree on a majority verdict, the judge may discharge the jury.'. 8. Remission of fines for failing to attend for jury service or as a juror (1) In section 81 of the Juries Act 2000, after sub- section (2) insert— "(2A) The court may remit a fine imposed on a person under sub-section (1)(a) or (b) if the person satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend for jury service.". s. 6 -- 5 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 5 (2) In section 81 of the Juries Act 2000, after sub- section (3) insert— "(4) The court may remit a fine imposed on a person under sub-section (3) if the person satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend as a juror.". 9. Persons disqualified from serving as jurors (1) In clause 2 of Schedule 1 to the Juries Act 2000— (a) for paragraph (a) substitute— "(a) sentenced to imprisonment for a term or terms in the aggregate of 3 months or more (excluding a suspended sentence of imprisonment); or"; (b) in paragraph (b), before "detained" insert "ordered to be". (2) In clause 3 of Schedule 1 to the Juries Act 2000— (a) in paragraph (a), for "imprisoned" substitute "sentenced to imprisonment"; (b) in paragraph (b), before "detained" insert "ordered to be". 10. Persons ineligible to serve as jurors In clause 1 of Schedule 2 to the Juries Act 2000, for paragraph (f) substitute— "(f) a person employed or engaged (whether on a paid or voluntary basis) in the public sector within the meaning of the Public Sector Management and Employment Act 1998 in law enforcement, criminal investigation, the provision of legal services in criminal cases, the administration of justice or penal administration;". s. 9 -- 6 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 6 11. Saving provisions—persons disqualified or ineligible to serve as jurors In Schedule 6 to the Juries Act 2000, after clause 11 insert— "12. Persons disqualified from serving as jurors The amendments to Schedule 1 made by section 9 of the Juries (Amendment) Act 2002 applies only to juries empanelled on or after the commencement of section 9 of that Act. 13. Persons ineligible to serve as jurors The amendments to Schedule 2 made by section 10 of the Juries (Amendment) Act 2002 applies only to juries empanelled on or after the commencement of section 10 of that Act.". ═══════════════ s. 11 -- 7 of 8 -- Act No. 43/2002 Juries (Amendment) Act 2002 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 May 2002 Legislative Council: 8 October 2002 The long title for the Bill for this Act was "to amend the Juries Act 2000 and for other purposes." Endnotes -- 8 of 8 --