Victorian Consolidated Legislation

Juries Act 2000 - SECT 78A

Panel member or juror must not make enquiries about trial matters

78A. Panel member or juror must not make enquiries about trial matters



(1) A person who is-

   (a)  on a panel for a trial; or

   (b)  a juror in a trial-

must not make an enquiry for the purpose of obtaining information about a
party to the trial or any matter relevant to the trial, except in the proper
exercise of his or her functions as a juror. Penalty: 120 penalty units.



(2) This section applies from the time a person is selected or allocated as
part of a panel for a trial until-

   (a)  the person is excused from jury service on the trial; or

   (b)  the person returns to the jury pool; or

   (c)  if the person is empanelled as a juror, the juror, or the jury of
        which the juror is a member, is discharged by the trial judge.

(3) Nothing in this section prevents a juror from-

   (a)  making an enquiry of the court or another member of the jury, in the
        proper exercise of his or her functions as a juror; or

   (b)  making an enquiry authorised by the trial judge.

(4) Anything done by a juror in contravention of a direction given to the jury
by the trial judge is not a proper exercise by the juror of his or her
functions as a juror.

(5) In this section, making an enquiry includes-

   (a)  consulting with another person;

   (b)  conducting any research by any means;

Example Using the Internet to search an electronic database for information.

   (c)  viewing or inspecting a place or object that is relevant to the trial;

   (d)  conducting an experiment;

   (e)  requesting another person to make an enquiry.