• Specific Year
    Any

JURY ACT 1995 - As at 30 March 2017 - Act 42 of 1995

- As at 30 March 2017 - Act 42 of 1995

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - CITIZEN’S OBLIGATION TO PERFORM JURY SERVICE

  • 4 Qualification to serve as juror
  • 5 Obligation to perform jury service
  • 6 Verdict not to be questioned on ground of qualification of juror

PART 3 - JURY DISTRICTS AND JURY ROLLS

Division 1 - Jury districts

  • 7 Jury districts—establishment and boundaries
  • 8 Assignment of responsibility for jury districts to other sheriffs and persons

Division 2 - Jury rolls

  • 9 Keeping of jury rolls
  • 10 Jury roll for a jury district
  • 11 Electoral commission to give information
  • 12 Arrangements with commissioner of the police service

PART 4 - ASSEMBLY OF JURORS

Division 1 - General powers of Senior Judge Administrator

  • 13 Practice directions
  • 14 Administrative directions

Division 2 - Preparation of lists of prospective jurors

  • 15 Lists of prospective jurors
  • 16 Selection of persons to be included in list of prospective jurors
  • 17 Copies of list must be given to other sheriffs

Division 3 - Notice to prospective jurors

Division 4 - Power to excuse from jury service

  • 19 Sheriff’s power to excuse from jury service
  • 20 Power of judge to excuse from jury service
  • 21 Criteria to be applied in excusing from jury service
  • 22 When prospective juror entitled to be excused from jury service
  • 23 Time for exercising power to excuse

Division 5 - Revision of list of prospective jurors

  • 24 Revision of list
  • 25 Effect of revised list

Division 6 - Summoning for jury service

PART 5 - FORMATION OF JURIES

Division 1 - Number of jurors in trials

  • 32 Juries for civil trials
  • 33 Juries for criminal trials
  • 34 Reserve jurors

Division 2 - Suitability of jurors

  • 35 Information about prospective jurors to be exchanged between prosecution and defence in criminal trials

Division 3 - Attendance of jury panel

  • 36 Sheriff to arrange for attendance of jury panel
  • 37 Materials to be given by sheriff

Division 4 - Supplementary jurors

  • 38 Supplementary jurors

Division 5 - Preliminaries to jury selection

  • 39 Defendant to be informed of right of challenge
  • 40 Challenge to jury panel as a whole

Division 6 - Selection of jury

  • 41 Procedure for jury selection
  • 42 Peremptory challenges
  • 43 Challenges for cause
  • 44 Time for challenges

Division 7 - Final stage of jury selection process

  • 45 Final stage of jury selection process
  • 46 Judge’s discretion to discharge juror in final stage of jury selection process
  • 47 Special procedure for challenge for cause in certain cases
  • 48 Judge’s discretion to discharge entire jury

Division 8 - Presumption of authority

  • 49 Presumption of authority for challenge

PART 6 - JURY TRIALS

Division 1 - Procedure following selection of jury

  • 50 Jury to be sworn
  • 51 Jury to be informed of charge in criminal trial

Division 1A - Duty of judge and jury in civil cases

  • 51A Duty of judge and jury

Division 2 - Inspections and views

  • 52 Inspections and views

Division 3 - Segregation of jury in criminal cases

  • 53 Separation of jury
  • 54 Restriction on communication

Division 4 - Accommodation for jury

  • 55 Accommodation for jury

Division 5 - Discharge of individual jurors or of whole jury

  • 56 Discharge or death of individual juror
  • 57 Continuation of trial with less than full number of jurors
  • 58 Failure to reach unanimous verdict in civil cases
  • 59 Verdict in criminal cases for particular offences must be unanimous
  • 59A Verdict in criminal cases for other offences
  • 60 Jury may be discharged from giving verdict
  • 61 Discharge of jury when judge dies or becomes incapacitated
  • 62 What happens when jury is discharged

PART 7 - JUROR’S REMUNERATION AND ALLOWANCES

  • 63 Remuneration and allowances
  • 64 Special payments in certain cases
  • 65 Fee for jury in civil cases

PART 8 - MISCELLANEOUS

  • 65A Civil trial without a jury
  • 66 Impersonation of members of jury panel or jury
  • 67 Falsification of jury lists etc.
  • 68 Obligation to answer questions etc.
  • 69 Employment not to be terminated or prejudiced because of jury service
  • 69A Inquiries by juror about accused prohibited
  • 70 Confidentiality of jury deliberations
  • 71. (Repealed)
  • 72 Delegation by sheriff
  • 73 Chief executive may approve forms
  • 74 Regulations

PART 9 - TRANSITIONAL PROVISIONS

  • 77 Jury Act 1929 references
  • 78 Transitional provision for Guardianship and Administration and Other Acts Amendment Act 2008
  • 79 Transitional provision for Criminal Code and Jury and Another Act Amendment Act 2008—majority verdicts

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