Jury Act 1899

Jury Act 1899

An Act to consolidate and amend the law relating to jurors and juries

[Preamble Repealed by 25 Geo. V No. 78 ]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Jury Act 1899 .

2.   Commencement

[Section 2 Amended by 25 Geo. V No. 78 ]This Act shall commence on 1st January 1900.

3.   Interpretation

[Section 3 Amended by 9 Geo. V No. 18, s. 2 ][Section 3 Amended by 25 Geo. V No. 78 ][Section 3 Amended by No. 84 of 1957, s. 2 ][Section 3 Amended by No. 50 of 1966, s. 2 ][Section 3 Amended by No. 80 of 1994, s. 11 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –

Clerk of the Court includes the Judges' Associate;

Court means the Supreme Court;

municipal district means a municipal area;

Sheriff includes a deputy-sheriff;

State roll means the State roll kept under section 19 of the Electoral Act 1985 ;

verdict, in relation to a jury, includes a finding on any issue or question that it is required to try.

4.   General qualification for jury service

[Section 4 Substituted by No. 9 of 1974, s. 2 ]

(1)  [Section 4 Subsection (1) amended by No. 80 of 1994, s. 11 ]Subject to this Act, every person who has not attained the age of 65 years and who is enrolled on the State roll is qualified to serve as a juror, and every person who is qualified to serve as a juror is liable so to serve.

(2)  [Section 4 Subsection (2) omitted by No. 17 of 1991, s. 4 ].  .  .  .  .  .  .  .  

(3)  [Section 4 Subsection (3) omitted by No. 17 of 1991, s. 4 ].  .  .  .  .  .  .  .  

5.   

[Section 5 Repealed by No. 50 of 1966, s. 3 ]

6.   Disqualification on account of imprisonment, &c.

[Section 6 Substituted by No. 50 of 1966, s. 4 ][Section 6 Subsection (1) amended by No. 121 of 1985, s. 17 ]

(1)  [Section 6 Subsection (1) amended by No. 9 of 1974, s. 3 ]A person is not qualified for serving as a juror so long as –

(a) he is under sentence of death;

(b) he is under sentence of imprisonment imposed as a consequence of his conviction for an offence;

(c) he is bound by a recognizance entered into under section 386 of the Criminal Code , section 68 of the Police Offences Act 1935 ; or

(d) he is subject to a probation order or a community service order under the Probation of Offenders Act 1973 .

(2)  For the purposes of subsection (1) a person shall be treated as being under sentence of imprisonment notwithstanding that the execution of the whole or any part of that sentence has been suspended.

(3)  A person who, as a consequence of his conviction for one or more offences, has been sentenced to imprisonment for a term not less than 3 months in length is not qualified for serving as a juror during the period of 5 years from the date on which he last ceased to be in custody in pursuance of that sentence, having then been lawfully discharged or released therefrom.

(4)  Where sentences of imprisonment have been passed on a person so as to run consecutively those sentences shall, for the purposes of subsection (3) , be treated as one sentence of imprisonment for a term equivalent in length to the sum of the terms of those sentences.

(5)  There shall be disregarded for the purposes of this section any conviction for an offence for which a free pardon has been granted, and any sentence passed on such a conviction.

(6)  [Section 6 Subsection (6) amended by No. 46 of 1991, s. 5 and Sched. 3 ]References in this section to a sentence of imprisonment shall be deemed to include references to –

(a) an order of a court that a person be imprisoned for any term;

(b) a sentence that a person is to be detained during Her Majesty's pleasure;

(c) .  .  .  .  .  .  .  .  

(d) detention in accordance with an order under section 392 (2) of the Criminal Code ; and

(e) an order made by a court under section 72 of the Police Offences Act 1935 that a person be committed to and detained in an institution –

and any such sentence or order that does not specify the period or term for which the person in respect of whom it is passed or made is, or is liable to be, detained in pursuance thereof shall, for the purposes of this section, be treated as a sentence of imprisonment for a term not less than 3 months in length.

7.   Disqualification on ground of disability, &c.

[Section 7 Substituted by No. 50 of 1966, s. 4 ]

(1)  Where the Sheriff is satisfied that any person should not serve as a juror by reason –

(a) of his suffering from any illness, disorder, disability, or infirmity of mind or body; or

(b) of his being unable to read, write, or understand the English language sufficiently well to try a cause –

he may, by order under his seal, disqualify that person for serving as a juror.

(2)  An order shall not be made under subsection (1) on the grounds referred to in paragraph (a) of that subsection, except on the certificate of a legally-qualified medical practitioner, containing evidence to show that those grounds exist.

(3)  [Section 7 Subsection (3) amended by No. 72 of 1993, s. 5 ]The Sheriff shall cause a copy of an order made under this section to be sent to the person thereby disqualified and to the Director of Public Prosecutions.

(4)  The Sheriff shall revoke any order made under this section in respect of any person if he is satisfied that the grounds on which the order was made no longer exist.

(5)  The Supreme Court may, on the motion of a person disqualified under this section, or of the Crown, supported by an affidavit of relevant facts, quash the order by which that person was so disqualified.

(6)  Where on the motion of a person disqualified under this section the court quashes the order by which he was so disqualified it may award costs to that person, and any costs so awarded shall be treated as costs awarded in an action against the Sheriff in his capacity as such.

7A.   Exemption from jury service on account of occupation, &c.

[Section 7A Inserted by No. 50 of 1966, s. 4 ]The persons –

(a) who are described in Schedule I ; or

(b) who come within any class or description of persons prescribed as being exempt from serving as jurors –

are exempt from serving as jurors.

7B.   Exemption from jury service at particular sittings, &c.

[Section 7B Inserted by No. 50 of 1966, s. 4 ]

(1)  On an application by any person summoned to appear as a juror, or appointed to serve as a juror, the Sheriff may, on reasonable grounds being shown, exempt that person from serving as a juror, either during the sittings of the court in respect of which the summons was issued or the appointment made or for such other period as he may specify.

(2)  [Section 7B Subsection (2) added by No. 9 of 1974, s. 4 ]Without prejudice to the generality of the provisions of subsection (1) a family responsibility that, in the opinion of the Sheriff, reasonably prevents a person from attending court shall be treated as reasonable grounds for exempting him under that subsection from serving as a juror.

(3)  [Section 7B Subsection (3) added by No. 9 of 1974, s. 4 ]For the purposes of this section a family responsibility of a person means any obligation to which he is subject that requires his presence elsewhere than in court for the purpose of caring for the day to day needs of any other person (whether resident with him or not).

8.   Appointment and definition of jury districts

[Section 8 Substituted by No. 84 of 1957, s. 5 ]There shall be a jury district appointed and defined by the Governor by proclamation for the Supreme Court House at Hobart and for each other place at which the Court is held.

9.   Preparation of jury lists by Sheriff

[Section 9 Substituted by No. 50 of 1966, s. 5 ]

(1)  As soon as practicable after the prescribed date for any jury district a jury list shall be prepared, as prescribed, by the Sheriff for that district.

(2)  [Section 9 Subsection (2) amended by No. 80 of 1994, s. 11 ]A jury list for a jury district shall contain the names of such number of persons as the Sheriff considers adequate, selected in the manner prescribed from those enrolled at the prescribed date on the State roll, but excluding the names of persons known to the Sheriff not to be qualified for serving as jurors or exempt from so serving.

(3)  Subject to regulations made for the purposes of this section, the Sheriff, in selecting names for the purposes of subsection (2) , shall, so far as appears to him practicable, refrain from selecting the name of any person known to him to have served as a juror if there are other persons whose names may be selected who have not served as jurors since he last served as a juror.

(4)  For the purposes of subsection (3) due appearance of a person on a summons to appear as a juror shall be treated as service by that person as a juror unless on so appearing he is exempted from so serving.

(5)  At the request of the Sheriff, the Chief Electoral Officer and the Commissioner of Police shall furnish him with such information as is available to them in the respective courses of their duties as the Sheriff may require of them for the purposes of this section.

(6)  In this section prescribed date, when used in relation to a jury list for a jury district means –

(a) in the case of a jury district in respect of which a jury list is in force, such date as may, from time to time, be prescribed in relation to that district; and

(b) in any other case, the date of the creation of that district.

10.   

[Section 10 Repealed by No. 17 of 1991, s. 5 ]

11.   Period of effect of jury lists

[Section 11 Substituted by No. 50 of 1966, s. 5 ]A jury list of any kind for a jury district has effect as soon as it is made and ceases to be of effect on the making of a new jury list of the same kind for that district.

12.   

[Section 12 Repealed by No. 50 of 1966, s. 5 ]

13.   

[Section 13 Repealed by No. 50 of 1966, s. 5 ]

14.   

[Section 14 Repealed by No. 50 of 1966, s. 5 ]

15.   

[Section 15 Repealed by No. 50 of 1966, s. 5 ]

16.   

[Section 16 Repealed by No. 50 of 1966, s. 5 ]

17.   

[Section 17 Repealed by No. 50 of 1966, s. 5 ]

18.   

[Section 18 Repealed by No. 50 of 1966, s. 5 ]

19.   

[Section 19 Repealed by No. 50 of 1966, s. 5 ]

20.   

[Section 20 Repealed by No. 50 of 1966, s. 5 ]

21.   

[Section 21 Repealed by No. 50 of 1966, s. 5 ]

22.   

[Section 22 Repealed by No. 50 of 1966, s. 5 ]

23.   

[Section 23 Repealed by No. 50 of 1966, s. 5 ]

24.   

[Section 24 Repealed by No. 50 of 1966, s. 5 ]

25.   Jury cards

[Section 25 Substituted by No. 84 of 1957, s. 6 ][Section 25 Subsection (1) amended by No. 17 of 1991, s. 6 ]

(1)  [Section 25 Subsection (1) amended by No. 50 of 1966, s. 6 ]The Sheriff shall after the completion of a jury list allot a serial number to each entry in the list.

(2)  Upon completion of the numbering of a list under this section the Sheriff shall cause cards of the same size and shape to be numbered to correspond with the serial numbers on that list and made referable as prescribed to that list.

(3)  A card prepared under this section shall be deemed to show the name and address of the person whose serial number it bears.

26.   Issue of precept for summoning special jurors

[Section 26 Amended by 20 Geo. V No. 100, s. 2 ][Section 26 Amended by 25 Geo. V No. 78 ][Section 26 Amended by No. 84 of 1957, s. 7 ][Section 26 Amended by No. 50 of 1966, s. 7 ]Whenever jurors are required for the trial of civil issues, or for the assessment of damages in the Supreme Court, it shall be lawful for any judge to issue a precept under his hand in the form III in Schedule II directed to the Sheriff, requiring him to summon such jurors; but such precept shall not at any one time require the Sheriff to summon more than 50 nor less than 15 jurors; and shall specify the time when and the place where the attendance of such jurors is required; and shall be issued and delivered to the Sheriff 14 clear days before the time so specified for such attendance.

27.   Issue of precept for summoning jurors in criminal cases

[Section 27 Substituted by 20 Geo. V No. 100, s. 2 ][Section 27 Amended by 25 Geo. V No. 78 ]

(1)  Whenever jurors are required for the trial of criminal issues in the Supreme Court a judge may, and is hereby directed to, issue a precept under his hand in the form IV in Schedule II , directed to the Sheriff, requiring him to summon so many jurors as the judge may think sufficient for the occasion.

(2)  Every such precept shall specify the time and the place where attendance of such jurors is required, and shall be issued to the Sheriff 14 clear days before the time so specified.

28.   Drawing for jurors and custody of cards

[Section 28 Substituted by No. 84 of 1957, s. 8 ]

(1)  Upon the receipt of a precept for the return of jurors for the trial of either civil or criminal issues, the Sheriff shall, as prescribed, draw jurors' cards equal to the number of jurors and of the kind required by the precept to be summoned, and the persons whose cards are so drawn shall be summoned as jurors in obedience to the precept.

(2)  If persons whose names are drawn are dead or absent from the State, or incapable of serving, or exempt from serving as jurors, the Sheriff may draw other cards and summon the persons whose cards they are, and the cards first drawn shall be returned to the box whence they were drawn if such persons are temporarily absent from the State, or temporarily incapable of serving or excused from serving as jurors, otherwise such cards shall be destroyed.

(3)  [Section 28 Subsection (3) omitted by No. 50 of 1966, s. 8 ].  .  .  .  .  .  .  .  

29.   Summoning of jurors drawn

(1)  [Section 29 Subsection (1) amended by No. 50 of 1966, s. 9 ]The Sheriff shall, after the cards have been drawn as aforesaid, issue a summons in writing to the several jurors so required to be summoned, signed by himself or his deputy, in the form V in Schedule II .

(2)  [Section 29 Subsection (2) added by No. 50 of 1966, s. 9 ]A summons issued under this section to any person shall be served on him at least 14 clear days before the time specified therein for his attendance –

(a) by delivering it to him;

(b) by leaving it for him at his last known or most usual place of abode or business with a person apparently an inmate thereof or employed thereat and apparently not less than 16 years of age; or

(c) by sending it by post addressed to him at his last known or most usual place of abode or business.

30.   Panel and copies thereof

[Section 30 Amended by No. 55 of 1965, s. 5 ][Section 30 Amended by No. 50 of 1966, s. 10 ]A copy of every panel shall be made by the Sheriff two days before the precept is returnable, and a copy shall be delivered to any person on payment of the sum of one dollar.

31.   

[Section 31 Repealed by 25 Geo. V No. 78 ]

32.   Sheriff's return to precept

Upon the day and at the place named in every precept for the appearance of the jurors thereby required to be summoned, the Sheriff shall return the said precept into the court holden at such place, and shall annex to the said precept a panel containing the names of the persons so summoned by him in pursuance of the said precept, and shall also therewith furnish to the Clerk of the Court the cards drawn by him as aforesaid.

33.   Swearing of jury in civil cases

[Section 33 Amended by 25 Geo. V No. 78 ]

(1)  In civil cases such of the jurors named in the panel as shall, at the opening of the court, or at any time thereafter, answer to their names may thereupon be sworn in open court in the form VI in Schedule II ; and being once sworn shall not need to be re-sworn in each trial or inquiry, unless either party shall so require; and when each juror is so sworn a minute shall be made of the fact.

(2)  Except as aforesaid the jurors shall be sworn in the form VII in Schedule II .

34.   

[Section 34 Repealed by 25 Geo. V No. 78 ]

35.   Information for summoning jurors under other Acts

[Section 35 Substituted by No. 50 of 1966, s. 11 ][Section 35 Amended by No. 17 of 1991, s. 7 ][Section 35 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]Any person required, otherwise than under this Act, to summon persons to attend or serve as jurors is entitled to free access to the jury lists and cards prepared for the purposes of this Act.

36.   Verdict not avoided by error in summoning jury, &c.

[Section 36 Amended by 25 Geo. V No. 78 ][Section 36 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]No verdict shall be in any way affected by reason of any of the jury having been erroneously summoned or otherwise than herein in that behalf is provided; nor by reason of any error, omission, or informality in or with respect to any such jury lists, special jury lists, precepts, cards, or panels as aforesaid.

37.   Power of Court to issue precepts and make orders for return of a jury or amending panel

[Section 37 Amended by 25 Geo. V No. 78 ]The Supreme Court shall have and exercise the same power and authority as the High Court of Justice in England has and exercises in issuing any writ or precept, or in making any award or order, orally or otherwise, for the return of a jury for the trial of any issue before such Court, or for the amending or enlarging any panel of jurors returned for the trial of any such issue; and the return to every such writ, precept, award, or order, shall be made in the manner used and accustomed in such Court in England, save that the jurors shall be qualified according to this Act.

38.   Civil actions triable by jury

[Section 38 Amended by 25 Geo. V No. 78 ][Section 38 Amended by No. 17 of 1991, s. 9 ]All civil issues joined in the Supreme Court and triable by a jury shall be tried, and all damages recoverable in actions in the said Court to be assessed by a jury shall be assessed, by a jury consisting, except where otherwise provided, of 7 persons whose names are on any jury list in use for the time being.

39.   Criminal issues to be tried by jury of 12

(1)  [Section 39 Subsection (1) amended by 25 Geo. V No. 78 ][Section 39 Subsection (1) amended by No. 50 of 1966, s. 20 and Sched. 1 ][Section 39 Subsection (1) amended by No. 44 of 1986, s. 4 ]All criminal issues joined in the Supreme Court shall be tried by a jury consisting of 12 persons qualified as jurors according to this Act.

(2)  [Section 39 Subsection (2) inserted by No. 44 of 1986, s. 4 ]A judge of the Court in which a criminal issue is to be tried may direct that, in addition to the 12 jurors referred to in subsection (1) , not more than 2 persons shall be chosen and returned as reserve jurors in respect of the trial of that criminal issue.

(3)  [Section 39 Subsection (3) inserted by No. 44 of 1986, s. 4 ]A reserve juror –

(a) shall have the same qualifications;

(b) shall be called and impanelled in the same manner;

(c) shall be subject to the same challenges and liability to be stood aside and to be discharged;

(d) shall take the same oath; and

(e) subject to this section, shall have the same functions, powers, facilities, entitlements, and privileges –

as a juror, and for that purpose the law in respect of jurors shall apply to and in relation to a reserve juror with such modifications as are required by this section.

(4)  [Section 39 Subsection (4) inserted by No. 44 of 1986, s. 4 ][Section 39 Subsection (4) amended by No. 20 of 1990, s. 3 ]At a trial of a criminal issue, a juror who, at any time during the trial (whether before or after the jury retires to consider its verdict), dies or becomes incapable of or disqualified from or is discharged from performing his duties as a juror shall be replaced by a reserve juror who, if there is more than one reserve juror available, shall then be determined by lot in such manner as the Court determines and section 378 (5) of the Criminal Code does not apply if there are sufficient reserve jurors to have a jury of 12 persons.

(5)  [Section 39 Subsection (5) inserted by No. 44 of 1986, s. 4 ]Where a reserve juror, who has not replaced a juror, dies or becomes incapable of or disqualified from or discharged from performing his duties as a juror, the trial in respect of which he is a reserve juror shall not be affected by that death, incapability, disqualification, or discharge.

(6)  [Section 39 Subsection (6) inserted by No. 44 of 1986, s. 4 ]A reserve juror shall remain in the precincts of the Court during the trial of a criminal issue in respect of which he is a reserve juror unless the reserve juror is discharged under this section by the judge of the Court in which the trial is conducted or is permitted by the judge to leave the precincts of the Court.

(6A)  [Section 39 Subsection (6A) inserted by No. 20 of 1990, s. 3 ]The judge of the Court in which a trial is being conducted may, at any time after a jury on that trial has retired to consider its verdict, discharge a reserve juror chosen and returned in respect of that trial.

(7)  [Section 39 Subsection (7) added by No. 44 of 1986, s. 4 ]When the jury retires to consider its verdict, a reserve juror shall not, unless otherwise directed by the judge of the Court in which the trial is conducted –

(a) participate in the deliberations of the jury; or

(b) enter the jury room or discuss any other matter relating to the trial with any member of the jury until the jury has returned its verdict.

40.   

[Section 40 Repealed by No. 17 of 1991, s. 10 ]

41.   Mode of impanelling jury in civil cases

[Section 41 Amended by 25 Geo. V No. 78 ][Section 41 Amended by No. 50 of 1966, s. 20 and Sched. 1 ]At the opening of the Court at any sitting for the trial of civil issues, the Clerk of the Court shall put together in a box provided for that purpose the pieces of card furnished by the Sheriff, as hereinbefore directed; and upon any civil issue being called on to be tried, the Clerk of the Court shall in open court, from the said box, draw out such cards one after another until the number of jurors required for the trial appear, or, where a view has been had, so many as, together with the viewers appearing, are sufficient to make up such number, and after all causes of challenge allowed, remain indifferent and approved of; and such persons so chosen shall be the jury to try the issue, and shall be impanelled accordingly, and, except where otherwise provided, such number as aforesaid shall be 7.

42.   If panel exhausted, jury may be completed from among bystanders

[Section 42 Amended by No. 50 of 1966, s. 20 and Sched. 1 ][Section 42 Amended by No. 17 of 1991, s. 11 ]In case a sufficient number of the jurors named in such cards are not in attendance, the full number of jurors so directed to be drawn shall be completed by appointment of the Sheriff from among the bystanders, being persons whose names are contained in any jury list, if a sufficient number of such persons can be found who, after all causes of challenge allowed, remain indifferent; and the Court shall proceed to the trial of the issue with those jurors who were before impanelled, together with the jurors so appointed from among the bystanders, as if all the said jurors had been returned in the jury panel.

43.   Assessment of damages

The foregoing provisions shall equally apply to cases where damages are to be assessed only.

44.   Mode of impanelling jury in criminal cases

[Section 44 Amended by 25 Geo. V No. 78 ][Section 44 Subsection (2) amended by No. 44 of 1986, s. 5 ]

(1)  At the opening of the Court for the trial of criminal issues, the Clerk of the Court shall, in open court, put the pieces of card furnished by the Sheriff as before mentioned into a box provided for that purpose.

(2)  [Section 44 Subsection (2) amended by No. 50 of 1966, s. 20 and Sched. 1 ]Upon calling any criminal issue on for trial, the Clerk of the Court shall, from the said box, draw out such cards, one after the other, until 12 persons and such number of persons (if any) as the judge, under section 39 (2) , directs to be chosen and returned as reserve jurors shall appear without just cause of challenge.

(2A)  [Section 44 Subsection (2A) inserted by No. 44 of 1986, s. 5 ]The first 12 persons who appear without just cause of challenge shall be the jury to try the criminal issue.

(3)  [Section 44 Subsection (3) amended by No. 50 of 1966, s. 20 and Sched. 1 ]In case the whole number of the said cards shall be exhausted by challenge or otherwise before 12 persons are impanelled and before the number of persons, directed by the judge under section 39 (2) to be chosen and returned as reserve jurors, are chosen and returned it shall be lawful for either the Crown or the prisoner to pray a tales; whereupon the Court may command the Sheriff forthwith to appoint as many good and lawful persons of the bystanders, being qualified and liable to serve as jurors, as may be sufficient to make up 12 persons and the number of persons directed to be chosen and returned as reserve jurors for the trial of the said issue.

45.   Trying of different issues by same jury

[Section 45 Amended by No. 50 of 1966, s. 20 and Sched. 1 ]Where no objection is made on behalf of any plaintiff or defendant, or on behalf of the Crown, or any other party, it shall be lawful for the Court to try any civil or criminal issue with the same jury that shall have previously tried, or been drawn to try, any other such issue, without their names being returned to the box and redrawn, or to order the name of any person on such jury, whom both parties may consent to withdraw, or who may be justly challenged, or excused by the Court, to be set aside, and another name to be drawn from the box, and to try such issue with the residue of such original jury, and with any person whose name shall be so drawn, and who shall appear and be approved as indifferent, and so toties quoties, as long as any such issue remains to be tried by such jurors.

46.   Names of jurors impanelled to be kept apart until verdict

The pieces of card containing the names of the jurors impanelled as aforesaid shall in every case be kept apart by themselves until such jury shall have given in their verdict and the same shall have been recorded, or until such jury shall be discharged; and then the cards containing their names shall be returned to the box whence they were drawn, to be kept with the others remaining undrawn, and so toties quoties, as long as any issue remains to be tried by the jurors returned in the jury panel.

47.   Definition of "sworn"

[Section 47 Amended by 25 Geo. V No. 78 ]Whenever in any legal proceedings, it shall be necessary or usual to state or allege that jurors have been sworn, it shall not be necessary to specify that any particular juror has made an affirmation instead of an oath, but it shall be sufficient to state or allege that the jurors have been "sworn".

48.   Disagreement of jury

[Section 48 Substituted by 25 Geo. V No. 78 ]

(1)  [Section 48 Subsection (1) amended by No. 84 of 1957, s. 9 ][Section 48 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ]Except as otherwise expressly provided, if, in any civil case, when the jury shall have remained in deliberation for 3 hours, they have not arrived at a unanimous decision as to the verdict to be given or the damages to be assessed, the decision of 5 of them shall be taken and entered as, and shall be, the verdict or assessment of the jury; and in default of agreement as to a verdict or assessment by 5 or more jurors after 4 hours' deliberation, the jury may be discharged at any time after such period of 4 hours unless, in the opinion of the judge, further consideration is desirable, and if they are so discharged the cause may be again set down for trial or assessment, without any new process, at the same or any subsequent sittings, as the Court may order.

(2)  [Section 48 Subsection (2) substituted by No. 50 of 1966, s. 13 ]Subject to this section, if, in any criminal proceedings, a jury has remained in deliberation for the necessary period without reaching a unanimous decision as to their verdict, but 10 of them have agreed as to a verdict, the decision of those 10 jurors shall be taken and entered as, and shall be, the verdict of the jury.

(3)  [Section 48 Subsection (3) substituted by No. 50 of 1966, s. 13 ][Section 48 Subsection (3) amended by No. 77 of 1968, s. 10 and Sched. 1 ] Subsection (2) does not apply to a verdict that the accused is guilty of treason, murder, or a crime punishable by death or any special finding upon which the accused would be convicted of such a crime.

(4)  [Section 48 Subsection (4) added by No. 50 of 1966, s. 13 ]Where, in any criminal proceedings, after deliberating for the necessary period, a jury has not reached a unanimous decision as to their verdict and no 10 of them have agreed to a verdict that is under this section to be taken as the verdict of the jury, the jury may be discharged unless, in the opinion of the judge, further deliberation is desirable.

(5)  [Section 48 Subsection (5) added by No. 50 of 1966, s. 13 ][Section 48 Subsection (5) amended by No. 77 of 1968, s. 10 and Sched. 1 ]For the purposes of this section necessary period means –

(a) in relation to any such verdict as is referred to in section 383 of the Criminal Code given upon the trial of an indictment for treason, murder, or a crime punishable by death, a period of 6 hours; and

(b) in any other case, a period of two hours.

49.   Trial of prisoner where jury discharged without giving verdict

[Section 49 Amended by 25 Geo. V No. 78 ]Where the jury, on the trial of any criminal issue, shall be discharged by the Court without giving any verdict, the prisoner or defendant may lawfully be tried upon the same indictment by another jury, either at the same or at a subsequent sittings, as the Court may think fit to order, and the prisoner or defendant may be remanded for trial at such subsequent sittings; or if the Attorney-General or Solicitor-General, or other officer duly appointed to prosecute offences, shall, in any such case, think fit to enter a nolle prosequi upon such indictment, the prisoner or defendant may lawfully be tried and convicted upon any indictment which may afterwards be filed against such prisoner or defendant for the same offence.

50.   General rules applicable to trial by jury

[Section 50 Amended by 25 Geo. V No. 78 ][Section 50 Amended by No. 84 of 1957, s. 10 ]In every case of trial by jury, whether in civil or criminal cases, or of assessment of damages, where no other mode of proceeding is by this Act specially provided, the jurors and jury, and every trial or assessment by them, shall, as far as may be practicable, be subject to the same rules and manner of proceeding as would in England at the commencement of this Act be observed in proceedings with a jury in the High Court of Justice or before a commission of gaol delivery as the case may require.

51.   Liability of jurors failing to attend or appear

[Section 51 Amended by 25 Geo. V No. 78 ]

(1)  [Section 51 Subsection (1) substituted by No. 50 of 1966, s. 14 ][Section 51 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Where any person, having been required to appear, or serve, as a juror in the Supreme Court –

(a) fails to appear or serve as so required;

(b) fails, on being thrice called at the direction of the court, to answer his name; or

(c) absents himself from the court at any time at which he is so required to appear or serve –

the court may impose on him a fine not exceeding 1 penalty unit unless good cause for his default be made to appear to the satisfaction of the court.

(1A)  [Section 51 Subsection (1A) inserted by No. 50 of 1966, s. 14 ]No fine shall be imposed under this section on a person who has been required to appear as a juror by virtue of a summons served on him in the manner specified in section 29 (2) (c) unless he has appeared before the court or has been served with a summons issued by the Sheriff directing him, at such time as may be specified in the summons, to appear before the court to show cause why the fine should not be imposed.

(1B)  [Section 51 Subsection (1B) inserted by No. 50 of 1966, s. 14 ]The summons served on any person under subsection (1A) shall be so served at least 4 clear days before the time specified therein for his appearance before the court in the manner in which a summons under section 29 may be served pursuant to paragraph (a) or paragraph (b) of subsection (2) of that section.

(2)  Any fine imposed by a court as aforesaid shall, upon a certificate of such fine having been imposed, signed by the proper officer of such court, and directed and delivered to the Sheriff, be levied in a summary manner by distress and sale of the goods and chattels of the person on whom such fine is imposed, and the surplus money, if any, remaining after payment of such fine shall be thereafter rendered to him by the Sheriff, first deducting therefrom the reasonable charges of such distress and sale; and such certificate shall in all cases, unless such court otherwise orders, be made out and delivered to the Sheriff within 14 days next after such fine is imposed.

52.   Challenge to the array and polls of jurors

[Section 52 Amended by No. 84 of 1957, s. 11 ]Challenge to the array and to the polls of jurors may be made, and shall be allowed in every court for such and the like cause, in such and the like form and manner, and under and subject to the like laws, rules, and regulations, in every respect as by law are established, used, and practised in like cases in the High Court of Justice in England at the commencement of this Act.

53.   Challenge in civil cases

On the trial of civil issues each party shall be entitled to challenge peremptorily 4 jurors.

54.   Challenge in criminal cases

[Section 54 Subsection (1) amended by No. 44 of 1986, s. 6 ]

(1)  [Section 54 Subsection (1) amended by 25 Geo. V No. 78 ]Every person arraigned for any crime shall be entitled to challenge peremptorily 6 jurors.

(2)  [Section 54 Subsection (2) added by No. 44 of 1986, s. 6 ]Where a judge directs that one or more persons be chosen and returned as a reserve juror or reserve jurors, the person arraigned shall –

(a) where that person has peremptorily challenged 6 jurors under subsection (1) , be entitled to challenge peremptorily one reserve juror; or

(b) where that person has peremptorily challenged less than 6 jurors under subsection (1) , be entitled to challenge peremptorily such number of reserve jurors as is equal to 6 minus the number of jurors challenged under subsection (1) plus one.

55.   Standing aside at request of Crown in criminal cases

Nothing hereinbefore contained shall affect, or be construed to affect, the power of any court to order any juror to stand aside until the panel shall be gone through, at the prayer of those prosecuting for the Crown, as has been heretofore accustomed.

56.   Want of qualification a cause of challenge, but not to affect verdict

The want of qualification according to this Act shall in every case be a good cause of challenge, and the juror shall be discharged upon such challenge if the court shall be satisfied of the fact; but no objection to any juror shall be allowed, nor shall any want of qualification be inquired into, after the verdict.

57.   Power of Court or judge, in certain cases, to direct change of venue and from what lists jurors to be returned, &c.

[Section 57 Amended by 15 Geo. V No. 36, s. 2 ][Section 57 Amended by 25 Geo. V No. 78 ][Section 57 Amended by No. 17 of 1991, s. 12 ]In every case in which, if the same occurred in England, an order would or might, by the course and practice of the High Court of Justice, be made in that Court for the change of the venue, or for the trial being had in some other county than that wherein the venue is laid, and in every case in which for any other reason it appears to be conducive to the ends of justice, it shall be lawful for the Supreme Court, or a judge, to direct not only at what place the trial of any issue or assessment of any damages shall be had, but also from what jury list the jurors shall, in any such case, be returned; and the said Court, or a judge, may, in any such case, give all such further directions in that behalf as shall be just and reasonable or as the circumstances of the case may require.

58.   View: How granted in civil cases

[Section 58 Amended by 25 Geo. V No. 78 ]

(1)  Whenever it appears expedient to a judge, in any cause depending in the Court, that some of the jury should have a view of any place in dispute in the cause, it shall be lawful for such judge to order such view, by two or more jurors, upon payment by the party applying for the same of such sum as to such judge may seem reasonable; and such sum shall be paid over to such jurors as shall have such view, and shall be taxed and allowed as costs in the cause.

(2)  The jurors who shall have such view shall be mutually chosen by the parties out of the jurors summoned to attend the court at which the cause is intended to be tried, or in case the parties cannot agree, such jurors shall be nominated by the Sheriff out of such jurors, and the jurors so chosen or nominated shall be shown the place by two persons appointed by such judge, and when the cause is called on for trial the jurors who shall have had such view, together with so many of the other jurors summoned to attend such court as may be necessary to make up the full number of jurors required, shall form the jury to try the cause.

59.   Liability of juror not attending, &c., after view

[Section 59 Subsection (1) amended by No. 50 of 1966, s. 15 ][Section 59 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 59 Subsection (1) amended by No. 55 of 1965, s. 5 ]If any juror who shall have had a view of any place in dispute, in any cause according to the provisions hereinbefore contained, shall make default when the cause in which he was appointed a viewer shall be called on for trial, the Court, unless reasonable cause be shown, shall set upon such viewer a fine of not less than 0·2 penalty unit, over and above the fine to which he shall be liable under the provisions herein contained, for non-attendance as a juror.

(2)  [Section 59 Subsection (2) added by No. 50 of 1966, s. 15 ] Section 51 (2) applies to fines imposed under this section as it applies to fines imposed under that section.

60.   

[Section 60 Repealed by 25 Geo. V No. 78 ]

61.   Payment of jurors

[Section 61 Substituted by 9 Geo. V No. 18, s. 5 ][Section 61 Amended by 25 Geo. V No. 78 ][Section 61 Subsection (1) amended by No. 12 of 1987, s. 4 ]

(1)  [Section 61 Subsection (1) amended by 5 Geo. VI No. 54, s. 2 ]Every juror who has been summoned, and has attended, whether he has actually served or not, at –

(a) any sittings of the Supreme Court; or

(b) [Section 61 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998] .  .  .  .  .  .  .  .  

shall be entitled to receive payment at the prescribed rates; and every talesman who has been added to any panel, and has served, shall be entitled to receive the same sum for such service as if his name had been originally written on the panel.

(2)  The sums payable to any juror under this section shall be paid to him by the Clerk of the Court, or other officer of the court, when the juror is discharged from attendance, and all such sums shall be paid from moneys to be appropriated by Parliament out of the Consolidated Revenue.

62.   

[Section 62 Repealed by 23 Geo. V No. 58, s. 2 ]

63.   Fire and refreshment for jurors

[Section 63 Substituted by 9 Geo. V No. 18, s. 7 ]Jurors, after having been sworn, may, in the discretion of the judge, be allowed, at any time before giving their verdict, the use of a fire or radiator or other room heater, when out of court, and be allowed reasonable refreshment, to be provided by the Sheriff at the public expense.

64.   Distance: How reckoned for juror's travelling expenses

In estimating the amount to be paid to any juror for his travelling expenses, the distance from such juror's residence to the place of trial shall be reckoned by the nearest practicable road.

65.   

[Section 65 Repealed by No. 50 of 1966, s. 16 ]

66.   Liability of Sheriff

[Section 66 Amended by No. 55 of 1965, s. 5 ][Section 66 Amended by No. 67 of 1994, s. 3 and Sched. 1 ]If the Sheriff or any deputy shall wilfully fail well and faithfully to do and perform all or any of the acts, matters, and things by this Act required to be by him performed, he shall be liable to such fine, not exceeding 2 penalty units, as the Supreme Court shall think fit to impose, and the said Court is hereby empowered to impose such fine in a summary way.

67.   

[Section 67 Repealed by 14 Geo. V No. 69, s. 3 ]

68.   Recovery of fines imposed by Court

(1)  [Section 68 Subsection (1) amended by 25 Geo. V No. 78 ][Section 68 Subsection (1) amended by No. 50 of 1966, s. 17 ]All fines imposed under this Act by the Supreme Court, or by a judge, other than fines imposed under section 51 or section 59 , shall be levied in the same manner as any other fines imposed by that Court.

(2)  [Section 68 Subsection (2) added by No. 50 of 1966, s. 17 ][Section 68 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Fines paid or recovered under this Act shall be paid into the Consolidated Fund.

68A.   Savings

If, before the commencement of the Justice (Miscellaneous Amendments) Act 1993 , a copy of an order disqualifying a person for serving as a juror was sent to the Crown Solicitor under section 7 , that copy is to be taken as having been sent to the Director of Public Prosecutions.

69.   Regulations

[Section 69 Inserted by 5 Geo. VI No. 54, s. 2 ]

(1)  The Governor may make regulations for the purposes of this Act.

(2)  [Section 69 Subsection (2) substituted by No. 50 of 1966, s. 18 ]The regulations may provide for –

(a) the custody and control of jurors' cards; and

(b) a method of selecting from the names of persons on a jury list those who are to be summoned to serve as jurors under which a person who has served as a juror will not be so summoned while there is, on that list, a substantial number of names of other persons who have not served as jurors since he last so served.

(3)  [Section 69 Subsection (3) added by No. 50 of 1966, s. 18 ]For the purposes of subsection (2) (b) , due appearance of a person on summons to appear as a juror shall be treated as service by that person as a juror unless on so appearing he is exempted from so serving.

70.   

[Section 70 Repealed by 25 Geo. V No. 78 ]

71.   

[Section 71 Repealed by 25 Geo. V No. 78 ]

SCHEDULE I - Persons Exempt From Service As Jurors

[Schedule I Substituted by No. 9 of 1974, s. 5 and Sched. 1 ]

Section 7A

For the purposes of this schedule, a State instrumentality means any authority or body that is established by or under any Act and –

(a) is so established to administer or control any department, business, or undertaking on behalf of the State; or

(b) is prescribed as a State instrumentality for the purposes of this schedule.

1.   Government

[Schedule I Clause 1 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule I Clause 1 amended by No. 5 of 1990, s. 3 and Sched. 1 ][Schedule I Clause 1 amended by No. 46 of 1991, s. 5 and Sched. 3 ]_

(a) The Governor and Lieutenant Governor, their spouses, and their respective staffs and households;

(b) Executive Councillors and their spouses;

(c) Judges and their spouses;

(d) Commissioners of Courts of Requests and their spouses;

(e) Magistrates and their spouses;

(f) Officers of courts of record and their spouses;

(g) Permanent clerks to justices and their spouses;

(h) The Sheriff and his officers and their spouses;

(i) The Commissioner of Police, the Deputy Commissioner of Police, police officers within the meaning of the Police Regulation Act 1898 and persons appointed pursuant to that Act to any position or employment, and the spouses of persons exempt from service as jurors by virtue of this subparagraph;

(j) Persons who are Heads of Agencies, within the meaning of the Tasmanian State Service Act 1984 ;

(k) Persons employed full-time in any of the following offices, that is to say –

(i) An office that constitutes the holder thereof a State instrumentality; and

(ii) The office of chairman or other principal member of a State instrumentality;

(l) Persons employed in the following State Service Agencies or Divisions of those Agencies:

(i) the Department;

(ii) the Police Division of the responsible Department in relation to the Police Regulation Act 1898 ;

(iii) the Corrective Services Division of the responsible Department in relation to the Prison Act 1977 –

and the spouses of those persons.

2.   Parliament

Members and officers of either House of Parliament.

3.   Law

_

(a) Persons who pursuant to an Act are entitled to practise, and are in actual practice, as barristers or solicitors, and their staffs;

(b) Persons who are so entitled and who, in the service of the Crown or a State instrumentality, are engaged in the work of the profession of barrister or solicitor; and

(c) The spouses of persons exempt from service as jurors by virtue of this paragraph.

4.   Medicine

[Schedule I Clause 4 amended by No. 43 of 1982, s. 66 and Sched. 3 ][Schedule I Clause 4 amended by No. 46 of 1991, s. 5 and Sched. 3 ][Schedule I Clause 4 amended by No. 87 of 1994, s. 84 and Sched. 4 ]Persons who are registered or certified under any of the following enactments, namely:

(a) The Medical Practitioners Registration Act 1996 ;

(b) Part II of the Dental Act 1982 ;

(c) Optometrists Registration Act 1994 ;

(d) The provisions of the Pharmacy Act 1908 so far as they relate to pharmaceutical chemists;

(e) The Veterinary Surgeons Act 1987 ;

(f) The Physiotherapists' Registration Act 1951 ;

(g) The Nursing Act 1995 –

and who are in actual practice in the profession or vocation in relation to which they are so registered or certified.

5.   Education

Persons who are engaged full-time on the teaching staff of –

(a) any university, college, school, or other educational institution that is established by or under any Act or is maintained by the State; or

(b) any school registered under Part IV of the Education Act 1932 .

6.   Commerce

_

(a) Masters or skippers, and the crews, of merchant ships, fishing vessels, or ferries; and

(b) Pilots and crews of commercial aircraft.

SCHEDULE II - Forms

Form I

[Schedule II Form I repealed by No. 84 of 1957, s. 14 ]

Form II

[Schedule II Form II repealed by No. 84 of 1957, s. 14 ]

Form III

[Schedule II Form III repealed by No. 17 of 1991, s. 13 ]

Form IV - Form of common jury precept

[Schedule II Form IV amended by No. 50 of 1966, s. 20 and Sched. 1 ]

Form V - Form of summons

[Schedule II Form V amended by No. 55 of 1965, s. 5 ]

Form VI

[Schedule II Form VI substituted by No. 84 of 1957, s. 14 ]

Form VII

SCHEDULE III

[Schedule III Repealed by 5 Geo. VI No. 54, s. 2 ]

Section 61

SCHEDULE IV - Acts To Be Repealed

Section 71