JURY ACT 1977 - SECT 38
Person summoned for jury service may be excused at trial or inquest
JURY ACT 1977 - SECT 38
Person summoned for jury service may be excused at trial or inquest
38 Person summoned for jury service may be excused at trial or inquest
(1) A court or coroner conducting a trial or a coronial inquest may excuse a
person for good cause from attending in pursuance of a summons at any time on
or after the day on which the person's attendance is required.
Note :
Section 14A generally defines what constitutes good cause for the purposes of
excusing a person from jury service.
(2) A person may be excused under
subsection (1)--
(a) on the person's request or on the court's or coroner's
own motion, and
(b) even if the sheriff has previously determined not to
excuse the person for that cause.
(3) A person who makes a request to be
excused under subsection (1) may make the request in writing to the court or
coroner if the circumstances of the request relate to the person's health or
may cause embarrassment or distress if made public.
(4) A person may be
excused under subsection (1) for the whole or any part of the time that the
person's attendance is required.
(5) A court or coroner may require a person
to make any request to be excused under subsection (1) on oath unless the
request is made in writing in accordance with subsection (3).
(6) If a person
is excused under subsection (1) or by the sheriff in accordance with
section 14 after the issue of the relevant summons, the panel and the card
relating to that person are to be clearly marked accordingly and the card kept
apart from the cards relating to other persons on that panel.
(7) Before the
selection of the jury at a criminal trial, the judge must, subject to the
regulations--
(a) direct the person prosecuting for the Crown to inform the
jurors on the panel of the nature of the charge and the identity of the
accused and of the principal witnesses to be called for the prosecution, and
(b) call on the jurors on the panel to apply to be excused if they consider
that they are not able to give impartial consideration to the case.
(8)
Before the selection of the jury at a civil trial, the judge must, subject to
the regulations--
(a) direct the parties to the proceedings to inform the
jurors on the panel of the nature of the action and the identity of the
parties and of the principal witnesses to be called by the parties, and
(b)
call on the jurors on the panel to apply to be excused if they consider that
they are not able to give impartial consideration to the case.
(a) direct the person assisting the coroner to inform the jurors
on the panel of the nature of the inquest and of the principal witnesses to be
called, and
(b) call on the jurors on the panel to apply to be excused if
they consider that they are not able to give impartial consideration to the
matter.
(10) The identity of a person who is a principal witness must not be
disclosed under subsection (7) (a), (8) (a) or (9) (a) if the person is a
witness who is included in a witness protection program--
(b) conducted by the
Commonwealth, another State or a Territory under a complementary witness
protection law within the meaning of the Witness Protection Act 1995 .
(11)
The regulations may make provision for or with respect to--
(a) the directions
and the calling on jurors under subsections (7)-(9), and
(b) the informing
and the excusing of jurors under those subsections.
