Victorian Consolidated Legislation

Juries Act 2000 - SECT 78

Confidentiality of jury's deliberations

78. Confidentiality of jury's deliberations



(1) A person must not-

   (a)  publish, or cause to be published, any statements made, opinions
        expressed, arguments advanced or votes cast in the course of the
        deliberations of a jury; or

   (b)  solicit or obtain the disclosure by a person who is or has been a
        juror of statements made, opinions expressed, arguments advanced or
        votes cast in the course of the deliberations of that jury.

Penalty: In the case of a body corporate, 3000 penalty units; In any other
case, 600 penalty units or imprisonment for 5 years.

(2) A person who is or has been a juror must not disclose any statements made,
opinions expressed, arguments advanced or votes cast in the course of the
deliberations of that jury if the person has reason to believe that any of
that information is likely to be or will be published to the public.

Penalty: 600 penalty units or imprisonment for 5 years.

(3) Nothing in this section prevents-

   (a)  a person who is or has been a juror disclosing to-

   (i)  a judge or court; or

   (ia) the Juries Commissioner; or

   (ii) a board or commission appointed by the Governor in Council; or

   (iii) the Attorney-General; or

   (iv) the Director of Public Prosecutions for Victoria or the Director of
        Public Prosecutions for the Commonwealth- any information about the
        deliberations of a jury; or

   (b)  the investigation by a member of the police force at the request of
        the Director of Public Prosecutions for Victoria, the Director of
        Public Prosecutions for the Commonwealth or the Juries Commissioner,
        of a complaint about the deliberations of a jury or the disclosure of
        information about those deliberations by a person who is or has been a
        member of a jury to the police in the course of the investigation; or

   (c)  the investigation by a person authorised by the Court of Appeal, in
        relation to an appeal to that Court, of an allegation about the
        deliberations of a jury or the disclosure of information about those
        deliberations by a person who is or has been a member of a jury to the
        authorised person in the course of that investigation.



(4) The Director of Public Prosecutions for Victoria or the Juries
Commissioner may request the Chief Commissioner of Police to investigate a
complaint about the deliberations of a jury or the disclosure of information
about those deliberations by a person who is or has been a member of a jury.

(4A) If a complaint referred to in subsection (4) is made to the Juries
Commissioner during the course of a trial, the Juries Commissioner must refer
the complaint to the trial judge.

(5) Nothing in subsection (1)(b) or (2) prevents a person who has been a juror
from disclosing any statements made, opinions expressed, arguments advanced or
votes cast in the course of the deliberations of that jury to a registered
medical practitioner or a registered psychologist in the course of treatment
in relation to issues arising out of the person's service as a juror.

(6) A registered medical practitioner or registered psychologist must not
disclose information referred to in subsection (5) to any other person.

Penalty: 600 penalty units or imprisonment for 5 years.

(7) Nothing in this section prevents the publication or disclosure by a person
of any information about the deliberations of a jury if that publication or
disclosure is not capable of identifying a juror or the relevant legal
proceeding.

(8) This section does not apply to the disclosure of information about a
proceeding for an offence against this section if, before the proceeding was
commenced, the information had been published generally to the public.





(9) This section does not prohibit a person from soliciting information from a
juror or former juror in accordance with an authority granted by the
Attorney-General for the conduct of a research project into matters relating
to juries or jury service.

(10) An offence against this section is an indictable offence.

(11) A prosecution for an offence against this section may only be brought
with the consent in writing of the Director of Public Prosecutions for
Victoria or of a person authorised by the Director of Public Prosecutions for
Victoria to give consent for the purposes of this subsection.

(12) In this section-

court includes the Magistrates' Court;

deliberations includes any discussions between two or more jurors at any time
during a trial of matters relevant to that trial.