Victorian Consolidated Legislation

Juries Act 2000 - SECT 81

Failing to attend, be sworn or give evidence and giving false answers

81. Failing to attend, be sworn or give evidence and giving false answers



(1) The court may in a summary way impose a fine not exceeding 30 penalty
units, or imprisonment for a term not exceeding 3 months, on a person who-

   (a)  without reasonable excuse, fails to comply with a summons for jury
        service; or

   (b)  without reasonable excuse, fails to comply with an instruction under
        section 41 to attend for jury service; or

   (c)  without reasonable excuse-

   (i)  fails to answer a question lawfully put to them under this Act by the
        court; or

   (ii) fails to produce a document on request by the court in order to
        determine whether the person is qualified for jury service; or

   (d)  without reasonable excuse, gives an answer that is false or misleading
        in a material respect to a question lawfully put to them under this
        Act by the court; or

   (e)  having been selected to serve on a jury, refuses to be sworn or to
        make an affirmation.

(2) It is a reasonable excuse for the purposes of subsection (1)(a) if-

   (a)  a person has applied under section 7 for the deferral of their jury
        service, or under section 8 or 9 to be excused from jury service; and

   (b)  the person has not been notified of the Juries Commissioner's decision
        to refuse the application before the date specified in the summons as
        the date on which the person is required to attend for jury service.

(2A) The court may remit a fine imposed on a person under subsection (1)(a) or
(b) if the person satisfies the court within 21 days after the imposition of
the fine that he or she has a reasonable excuse for failing to attend for jury
service.

(3) The court may in a summary way impose a fine not exceeding 60 penalty
units, or imprisonment for a term not exceeding 6 months, on a person who,
having been empanelled on a jury, fails without reasonable excuse to attend as
a juror until discharged by the court.

(4) The court may remit a fine imposed on a person under subsection (3) if the
person satisfies the court within 21 days after the imposition of the fine
that he or she has a reasonable excuse for failing to attend as a juror.