01-75sr001doc.doc

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Version No. 001
Juries Regulations 2001
S.R. No. 75/2001
Version as at 1 August 2001
TABLE OF PROVISIONS
Regulation
1.
Objectives
2.
Authorising provision
3.
Commencement
4.
Definitions
5.
Panel of jurors
6.
Summoning of jurors
7.
Discharge, deferral and cancellation of jury service
8.
Control of pool of jurors
9.
Selection of jury panels
10. Empanelling of jury
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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Version No. 001
Juries Regulations 2001
S.R. No. 75/2001
Version as at 1 August 2001
1. Objectives
The objectives of these Regulations are—
(a) to provide for an efficient system of jury
pools for criminal and civil trials; and
(b) to permit jurors to be selected from the same
pool of jurors for criminal and civil trials in
the Supreme Court and in the County Court.
2. Authorising provision
These Regulations are made under section 90 of
the Juries Act 2000.
3. Commencement
These Regulations come into operation on
1 August 2001.
4. Definitions
In these Regulations—
"Chief Judge" means the Chief Judge of the
County Court and includes the Acting Chief
Judge and, in the absence of the Acting Chief
Judge, the senior judge of the court for the
time being present;
"Chief Justice" means the Chief Justice of the
Supreme Court and includes the Acting
Chief Justice and, in the absence of the
Acting Chief Justice means the senior Judge
of the Court for the time being present;
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"court" means the Supreme Court, or the County
Court, exercising the criminal or civil
jurisdiction;
"judge" means a Judge of the Supreme Court or a
judge of the County Court.
5. Panel of jurors
The Juries Commissioner may summon a panel of
jurors to a court and if a judge or the Juries
Commissioner consider it necessary the panel may
be selected from a jury pool or be augmented from
a jury pool.
6. Summoning of jurors
(1) The Juries Commissioner must ensure that no
more persons are required to attend for service as
a juror than are reasonably necessary.
(2) If it appears to the Juries Commissioner before a
person attends in answer to a summons to attend
for service as a juror that the number of persons
summoned exceeds the number likely to be
required, the Juries Commissioner may direct that
the service of any of those persons be deferred or
cancelled.
7. Discharge, deferral and cancellation of jury service
(1) If it appears to a judge that it is reasonable to
discharge persons in a pool from further service,
the court may do so if as far as possible the
number of persons available for jury service does
not fall below the number required to service the
courts.
(2) During any period of service in a pool, if it
appears to the Juries Commissioner that the
number of persons in attendance exceeds the
number reasonably required or that it is otherwise
necessary or expedient to do so, a judge or the
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Juries Commissioner may direct that the service of
any of those persons be deferred or cancelled.
8. Control of pool of jurors
(1) The pool supervisor must record the name of any
person who fails to attend the jury pool room in
accordance with a summons to attend as a juror
and must cause the name of any such person to be
called 3 times and, if the person summoned does
not answer to their name, the pool supervisor must
advise the Juries Commissioner, who must
institute enquiries as to their non-attendance.
(2) If the Juries Commissioner determines that a
person has not provided a reasonable excuse for
failing to comply with a summons for jury service,
the Juries Commissioner must advise a judge.
(3) Subject to any direction that may be given to the
pool supervisor by a judge, any question of
priority in the selection and allocation of persons
for the purpose of constituting panels must be
determined by the pool supervisor.
9. Selection of jury panels
(1) The associate of, or any other person authorised
by, a judge must notify a pool supervisor if a
panel is required by the court for a trial, and the
pool supervisor, subject to any direction of a judge
in relation to the number of jurors required, must
then at random select from the pool a sufficient
number of persons to empanel a jury for the trial.
(2) Subject to any direction from a judge, the pool
supervisor, in deciding from which pool or pools a
panel of jurors is to be selected, must consider the
requirements and convenience of all courts for
which panels may be required.
(3) The pool supervisor must provide the names of
the persons selected to the associate or to any
other person authorised by a judge.
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10. Empanelling of jury
(1) If a jury is empanelled and sworn, any person who
has been selected and allocated but has not been
empanelled must without delay return to the jury
pool room, and that person again forms part of the
pool.
(2) If a jury empanelled for any trial is discharged by
a judge, the members of that jury must without
delay return to the jury pool room, and if any juror
has not attended for jury service for the period
specified in the summons or for any period that
the Juries Commissioner in special circumstances
directs, the person again forms part of the pool.
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ENDNOTES
1. General Information
The Juries Regulations 2001, S.R. No. 75/2001 were made on 31 July 2001
by the Governor in Council under section 90 of the Juries Act 2000,
No. 53/2000 and came into operation on 1 August 2001: regulation 3.
The Juries Regulations 2001 will sunset 10 years after the day of making on
31 July 2011 (see section 5 of the Subordinate Legislation Act 1994).
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Endnotes
Juries Regulations 2001
Endnotes
S.R. No. 75/2001
2. Table of Amendments
There are no amendments made to the Juries Regulations 2001 by statutory
rules, subordinate instruments and Acts.
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3. Explanatory Details
No entries at date of publication.
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Endnotes
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