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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Jury Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Jury Act 1977 No 18 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Jury Amendment Bill 2007
Act No , 2007
An Act to amend the Jury Act 1977 to enable additional jurors to be selected for juries
in criminal trials.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Jury Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Jury Amendment Act 2007.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Jury Act 1977 No 18
The Jury Act 1977 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Jury Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 19
Omit the section. Insert instead:
19 Numbers of jurors in criminal proceedings
(1) In any criminal proceedings in the Supreme Court or the District
Court that are to be tried by jury, the jury is to consist of:
(a) 12 persons, or
(b) if the Court makes an order under subsection (2) for the
selection of additional jurors--12 persons together with
the number of additional jurors ordered by the Court,
returned and selected in accordance with this Act.
Note. If a jury is constituted by more than 12 jurors immediately before
it retires to consider its verdict, section 55G provides that only 12 of
those jurors may retire to consider the jury's verdict in the proceedings.
(2) Before a jury is selected in criminal proceedings in the Supreme
Court or the District Court, the Court may order that up to 3
additional jurors be selected for the jury if the Court is satisfied
that:
(a) the trial of the proceedings is of a kind prescribed by the
regulations for the purposes of this subsection, and
(b) the selection of the additional jurors is an appropriate
means of ensuring that there will be sufficient jurors
remaining on the jury when the jury is required to consider
its verdict, and
(c) appropriate facilities to accommodate the additional jurors
are available.
(3) Until regulations for the purposes of subsection (2) provide
otherwise, a trial of proceedings the duration of which is likely to
be more than 3 months is taken to be a trial of proceedings of a
kind prescribed by the regulations for the purposes of that
subsection.
[2] Section 42 Peremptory challenges in criminal proceedings
Insert after section 42 (1):
(1A) If the jury in criminal proceedings is to consist of more than 12
jurors, each person prosecuted and the Crown have one
peremptory challenge without restriction, respectively, in
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Jury Amendment Bill 2007
Schedule 1 Amendments
addition to the peremptory challenges conferred on them by
subsection (1).
[3] Section 48 Balloting for jury in criminal proceedings
Omit "12 persons appear" from section 48 (2) (b).
Insert instead "the number of persons required for the jury appear (the drawn
persons)".
[4] Section 48 (2) (c) and (3)
Omit "those 12" wherever occurring. Insert instead "the drawn".
[5] Section 48 (4)
Omit "12 persons".
Insert instead "the number of persons required for the jury".
[6] Section 48 (5)
Omit "The 12 persons".
Insert instead "Subject to section 55G, the persons sworn as".
[7] Section 55F Majority verdicts in criminal proceedings
Insert at the end of section 55F (1):
Note. Lengthy criminal proceedings may be tried by a jury of up to 15
persons if the court makes an order for additional jurors under section 19
(2). However, section 55G provides that only 12 members of such an
expanded jury may retire to consider the jury's verdict in the
proceedings.
[8] Section 55G
Insert after section 55F:
55G Ballot where additional jurors on jury in criminal proceedings
(1) If the jury in criminal proceedings consists of more than 12
persons (the expanded jury) immediately before the jury is
required to retire to consider its verdict, the jury for the purposes
of considering and returning the verdict (a verdict jury) is to be
constituted by only 12 members of the expanded jury.
(2) A verdict jury is to be constituted by:
(a) if the expanded jury has chosen one of its members to
speak on behalf of the jury as a whole (a foreperson)--the
foreperson and 11 other members of the expanded jury
selected by ballot, or
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Jury Amendment Bill 2007
Amendments Schedule 1
(b) if there is no foreperson--12 members of the expanded
jury selected by ballot.
(3) The ballot for a verdict jury must be conducted by the presiding
judge or an officer of the court by:
(a) placing in a box provided for that purpose the cards
provided under section 28 (3) for all of the members of the
expanded jury (other than the foreperson, if any), and
(b) drawing out of that box those cards, one after another, and
calling out the identification numbers on those cards, until
11 or 12 persons (as the case requires) are selected.
(4) A verdict jury continues to constitute the jury for the trial until the
trial concludes unless the court has given a direction under
subsection (5).
Note. Under this section, the same verdict jury will remain in place in
trials where a verdict jury is required to consider some counts in an
indictment first and then the other counts at a later stage in the trial
(unless subsection (5) applies). As a result, the court will be able to
reconvene for any further summoning up or directions in relation to
counts that remain to be determined without the need for a new verdict
jury to be constituted.
(5) If one or more jurors on the expanded jury are excluded from a
verdict jury by a ballot, the court must:
(a) if the verdict of the verdict jury is a directed verdict in
respect of some (but not all) of the accused persons or
some (but not all) of the counts in the indictment--direct
that the excluded jurors rejoin the jury for the continuation
of the trial in respect of the accused persons or counts (as
the case may be) that have not yet been the subject of a
verdict in the trial, or
(b) if the verdict jury retires to consider whether or not to
return a verdict without hearing further evidence--direct
that the excluded jurors rejoin the jury for the continuation
of the trial in the event that the verdict jury decides that it
wishes to hear further evidence before returning a verdict.
(6) The court may not give a direction under subsection (5) if a
verdict jury has previously returned a verdict (other than a
directed verdict) in the trial.
(7) If the court gives a direction under subsection (5), a fresh ballot
for a verdict jury must be conducted if there is still an expanded
jury when the jury is next required to retire to consider its verdict.
(8) The court must discharge any jurors on the expanded jury who
are excluded from a verdict jury by ballot if the jurors will not be
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Jury Amendment Bill 2007
Schedule 1 Amendments
required to rejoin the jury because of a direction under subsection
(5).
(9) Nothing in this section affects the operation of section 22.
[9] Schedule 8 Transitional and savings provisions
Insert at the end of clause 1A (1):
Jury Amendment Act 2007
[10] Schedule 8, Part 10
Insert after Part 9:
Part 10 Transitional and savings provisions
consequent on enactment of Jury
Amendment Act 2007
19 Application of additional jurors amendments
The amendments made to this Act by the Jury Amendment Act
2007 apply to criminal proceedings only if the jury is empanelled
after the commencement of those amendments.
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