New South Wales Consolidated Acts

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JURY ACT 1977

- As at 1 July 2017
- Act 18 of 1977

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     Application of Act

   PART 2 - QUALIFICATIONS AND LIABILITY FOR JURY SERVICE

   5.      Persons qualified and liable to serve as jurors
   6.      Persons excluded from jury service
   7.      Persons entitled to be exempted from serving as jurors
   8.      Amendment of Schedule 1 or 2

   PART 3 - JURY DISTRICTS AND JURY ROLLS

   9.      Jury districts
   10.     Sheriff to maintain jury rolls
   11.     Electoral Commissioner to deliver copies of electoral rolls to sheriff
   12.     Random selection of prospective jurors
   13.     Persons included on supplementary jury roll to be notified
   14.     Claims for exclusion or exemption from jury service made to sheriff
   14A.    What constitutes good cause for the purposes of an exemption from jury service
   14B.    Deferral of jury service
   14C.    Sheriff may require information and verification of information
   14D.    Sheriff to amend supplementary jury roll and jury roll to delete persons excluded or exempt from jury service
   15.     Appeal against being included on jury roll or being summoned from supplementary jury roll
   15A.    Periodic updating of jury roll
   16.     Current jury roll to be certified by sheriff
   17.     Records of jury rolls and supplementary jury rolls
           18, 18A. (Repealed)

   PART 4 - TRIAL BY JURY

   19.     Numbers of jurors in criminal proceedings
   20.     Number of jurors in civil proceedings
   21.     Number of jurors in coronial inquests
   22.     Continuation of trial or inquest on death or discharge of juror

   PART 5 - SUMMONING OF JURORS

           Division 1 - Summoning of jurors for trials and coronial inquests

   23.     Estimate of number of jurors required
   24.     (Repealed)
   25.     Selection of jurors by sheriff
   26.     Persons selected to be summoned
   27.     Selection and summoning of additional jurors
   28.     Sheriff’s return
   29.     Identification numbers for jurors

           Division 2 - (Repealed)
           None

           Division 3 - General

   37.     Certain persons and jurors not required to disclose identity
   38.     Person summoned for jury service may be excused at trial or inquest
   39.     Person may be excused from being selected for jury service because of previous lengthy service
   40.     (Repealed)

   PART 6 - CHALLENGE

   41.     Right of challenge
   42.     Peremptory challenges in criminal proceedings
   42A.    Peremptory challenges in civil proceedings
   43.     Crown may challenge for cause but not require jurors to stand aside
   44.     Australian legal practitioner may make challenge on behalf of accused
   45.     Time for making challenge to juror
   46.     Trial of challenge for cause
   47.     Certain errors etc not to be cause for challenge
   47A.    Discharge of jury as a result of challenges

   PART 7 - SELECTION OF JURY

   48.     Balloting for jury in criminal proceedings
   49.     Balloting for jury in civil proceedings
   50.     Balloting for jury at coronial inquest
   51.     Procedure where insufficient jurors to complete ballot
   52.     Cards of jury members to be kept apart
   53.     Jurors liable to be selected on more than one ballot

   PART 7A - DISCHARGE OF JURORS

   53A.    Mandatory discharge of individual juror
   53B.    Discretionary discharge of individual juror
   53C.    Discretion to continue trial or coronial inquest or discharge whole jury

   PART 8 - PROCEEDINGS UPON TRIAL OR INQUEST

   54.     Jury permitted to separate in criminal trials
   55.     Court or coroner may permit refreshment for jurors
   55A.    Exhibits in jurors’ deliberation room
   55B.    Judge or coroner may give directions to jury in writing
   55C.    Supply of transcripts to jury
   55D.    Examination of jurors-publication of prejudicial material during trial or inquest
   55DA.   Examination of juror-juror making private inquiries about trial matters
   55E.    Discharge of jury after delivery of verdict
   55F.    Majority verdicts in criminal proceedings
   55G.    Ballot where additional jurors on jury in criminal proceedings
   56.     Discharge of jury that disagree in criminal proceedings
   57.     Majority verdicts in civil proceedings
   57A.    Court may decide issue of fact
   58.     Discharge of jury that disagree in civil proceedings
   59.     Discharge of jury that disagree in coronial inquest

   PART 9 - OFFENCES

   60.     Definition
   61.     Offences relating to responding to questionnaire
   62.     Supply of false or misleading information to sheriff
   62A.    Failure to inform sheriff of exclusion from jury service
   63.     Failure to attend for jury service
   64.     Procedure where failure to attend for jury service
   65.     (Repealed)
   66.     Penalty notices for failure to attend jury service
   67.     Personation of jurors
   67A.    Inspection of panel
   68.     Disclosure etc of identity or address of juror
   68A.    Soliciting information from or harassing jurors or former jurors
   68B.    Disclosure of information by jurors etc
   68C.    Inquiries by juror about trial matters prohibited
   69.     Unlawful dismissal of or prejudice to employees summoned for jury service
   69A.    Other offences relating to employment conditions of jurors
   70.     Liability of directors etc for offences by corporation-accessory to the commission of the offences
   71.     Proceedings for offences

   PART 10 - GENERAL

   72.     Payment for jury service
   72A.    Juror’s oath or affirmation
   73.     Verdict not invalidated in certain cases
   73A.    Investigation by sheriff of jury irregularities
   74.     Delegation
   75.     Service of summons etc
   75A.    Information to be supplied to sheriff
   75B.    Power to obtain information for purposes of Act
   75C.    Juror may report misconduct and other irregularities
   76.     Regulations
   77.     Repeals
   78.     (Repealed)
   79.     Transitional and savings provisions
   80.     Review of majority verdict amendments
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           Schedule 7 (Repealed)
           SCHEDULE 8


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