Australian Capital Territory
Juries Act 1967
A1967-47
Republication No 2 (RI)
Effective:  29 November 1994 – 17 December 1995
Republication date of printed version: 28 February 1995
Reissued electronically: 24 October 2007
Last amendment made by A1994-81

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Juries Act 1967 effective from 29 November 1994 to 17 December 1995.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

Juries act 1967
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 28 February 1995
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
	3.	Commencement
	5.	Repeal and saving
	6.	Interpretation
Part II—Number of Jurors
	7.	Number of jurors
	8.	Reduced number of jurors
Part III—Liability for Jury Service
	9.	Liability to serve as jurors
	10.	Persons not qualified to serve as jurors
	11.	Exempt persons
	13.	Liability of disqualified or exempted persons to attend as jurors
	14.	Excusing of jurors by the Judge or Sheriff
	15.	One of two partners etc. may be excused
	16.	Discharge on account of language difficulty etc.
	17.	Judge may excuse a person if in doubt whether he is liable for jury service
	18.	Impeachment of verdict of jury
	18A.	Lengthy trial—relief from jury service
Part IV—Jury List
	19.	Jury list
	20.	Reviews in connection with jury lists
Part V—Jury Precepts and Summonses
	21.	Interpretation
	22.	Jury precepts
	23.	Terms of precept
	24.	Jurors to be chosen by lot
	25.	Jurors not liable to be summoned until jury list exhausted
	26.	Service of jury summonses
	27.	Preparation of panel of jurors, and lists of jurors excused and jury cards
	28.	Sheriff’s return to precept
	29.	Inspection of jury panels
	30.	Informalities etc. not to invalidate verdict
Part VI—Striking and Impanelling Jury
	31.	Striking a jury at a criminal trial
	32.	Striking a jury at a civil trial
Part VII—Challenge
	33.	Standing persons by
	34.	Challenges at criminal trials
	35.	Time for challenging at criminal trials
	36.	Challenge at civil trial
	36A.	Trial of challenge for cause
	37.	Informality in summoning jurors
Part VIII—Disagreement of Jury
	38.	Disagreement at criminal trials
	39.	Disagreement at civil trials
	40.	Adjournment of trial on discharge of jury for disagreement
Part IX—Offences
	41.	Offences by jurors
	42.	Enforcement of fines
	43.	Personation of jurors
	44.	Corruptly influencing a juror
	44AA.	Unlawful dismissal etc. of employees for jury service
Part X—Miscellaneous
	44A.	Interpretation
	45.	Oath by jurors
	46.	Oath by person in charge of jury
	47.	View during trial
	48.	Affirmations
	49.	Food and refreshment for jury
	50.	Separation of jury at criminal trials
	51.	Payment of jurors
	51A.	Payment of juror’s expenses
	52.	Regulations
First Schedule
Ordinances Repealed
Second Schedule
Jury Precept

Australian Capital Territory

juries act 1967
An Act relating to Juries
Part I—Preliminary
Short title
1.  This Act may be cited as the Juries Act 1967.1
Commencement
3.  This Act shall come into operation on the first day of January, One thousand nine hundred and sixty-eight.
Repeal and saving
5.  (1)  The Ordinances specified in the First Schedule are repealed.
(2)  The jury list made out under Division 2 of Part II of the Juries Ordinance 1932-1966 and in force immediately before the commencement of this Act shall, for the purposes of this Act, be the jury list for the Territory until it is superseded by the first jury list referred to in section 19 of this Act.
Interpretation
6.  (1)  In this Act, unless the contrary intention appears—
“ballot-box” means the box into which jury cards are placed by the proper officer under subsection (2) of section 28 of this Act;
“civil trial” means the trial of a suit, action or issue of fact ordered, in pursuance of subsection 22 (2) of the Supreme Court Act 1933, to be tried before the Court with a jury;
 “criminal trial” includes the trial of an issue whether a prisoner is or is not capable of pleading to an indictment presented against him;
“disqualified person” means a person referred to in section 10 of this Act;
“Judge” means a Judge of the Supreme Court;
“juror” includes a person appointed under section 31 of this Act to attend to serve as a juror;
“jury card” means a card prepared in pursuance of subsection (3) of section 27, or of subsection (3) of section 31, of this Act;
“jury precept” means a precept issued under section 22 of this Act;
“jury summons” means a summons under section 24 of this Act;
“panel of jurors” means a list of names prepared in pursuance of subsection (1) of section 27 of this Act;
“person called” means a person whose name as shown on a jury card drawn from a ballot box is called out by the proper officer;
“Roll of electors for the Territory” means a copy of the roll of the electors of the Territory given to the Sheriff under subsection 59 (3) of the Electoral Act 1992;
“the City Area” means the area that is the City Area for the purposes of the City Area Leases Act 1936-1967 of the Territory;
“the Court” means the Supreme Court;
“the proper officer”, in relation to the exercise of a power or the performance of a duty under this Act, means a person appointed by the Judge to be the proper officer for the exercise of the power or the performance of the duty;
“the Registrar” means the Registrar of the Supreme Court;
“the Sheriff” means the Sheriff of the Territory;
“verdict” includes a finding.
(2)  In this Act, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to this Act.
Part II—Number of Jurors
Number of jurors
7.  (1)  At a criminal trial, a jury shall consist of twelve jurors.
 (2)  At a civil trial, a jury shall consist of four jurors.
Reduced number of jurors
8.
(2)  If, at a civil trial or at a criminal trial, the Judge is satisfied that, by reason of illness or other sufficient cause, a juror should not continue to act as a juror, the Judge may order that the juror be excused from further attendance during the trial and during such further period as the Judge specifies in the order.
(3)  Where, by reason of the death of a juror or of a juror being excused under the last preceding subsection, the number of jurors is reduced to not less than ten in the case of a criminal trial or to three in the case of a civil trial, the trial shall, if the Judge so orders and notwithstanding the last preceding section, continue with the reduced number of jurors, and the verdict of those jurors shall be a sufficient verdict.
(4)  If, at a criminal trial—
	(a)	the number of jurors is reduced to eleven or ten and the Judge does not make an order under the last preceding subsection; or
	(b)	the number of jurors is reduced to less than ten,
the Judge shall discharge the remaining jurors and shall adjourn the trial to a date fixed by the Judge or to be fixed as the Judge orders.
(5)  If, at a civil trial—
	(a)	the number of jurors is reduced to three and the Judge does not make an order under subsection (3) of this section; or
	(b)	the number of jurors is reduced to less than three,
the Judge shall discharge the remaining jurors and shall adjourn the trial to a date fixed by the Judge or to be fixed as the Judge orders.
Part III—Liability for Jury Service
Liability to serve as jurors
9.  Each man and each woman whose name is on the Roll of electors for the Territory is, unless he or she is a disqualified person or is exempt from serving as a juror, liable to serve as a juror.
Persons not qualified to serve as jurors
10.  A person who—
	(a)	has been convicted, whether within or outside the Territory, of an offence punishable under the law in force at the place at which he was convicted by penal servitude or imprisonment for one year or longer and has not been granted a free pardon in respect of the offence;
	(b)	is an undischarged bankrupt;
	(c)	is unable to read and speak the English language;
	(d)	is blind, deaf or dumb;
	(e)	is, by reason of mental or physical disability, incapable of serving as a juror; or
	(f)	is of unsound mind,
is not qualified to serve as a juror and his name shall not be included in the jury list.
Exempt persons
11.  Each person included in the following classes of persons is exempt from serving as a juror and the name of that person shall not be included in the jury list:
	(a)	persons exempt from serving as jurors in the Territory—
	(i)	under the Jury Exemption Act 1965 of the Commonwealth;
	(ii)	under the Jury Exemption Regulations of the Commonwealth;
	(iii)	under the Navigation Act 1912 of the Commonwealth; or
	(iv)	under the Air Navigation Regulations of the Commonwealth;
	(b)	ministers of religion;
	(c)	magistrates and coroners;
	(d)	employees of the Government of an overseas country or of an international organization;
	(e)	the Official Secretary to the Governor-General;
	(f)	the household officers and staff of the Governor-General;
	(g)	practising barristers and solicitors and their employees;
	(h)	practising medical practitioners who are registered under the Medical Practitioners Registration Act 1930 of the Territory;
	(i)	practising pharmacists who are registered under the Pharmacy Act 1931 of the Territory;
	(j)	practising dentists who are registered under the Dentists Registration Act 1931 of the Territory;
	(k)	practising veterinary surgeons who are registered under the Veterinary Surgeons Registration Act 1965 of the Territory;
	(l)	professors, lecturers, schoolmasters and school-teachers who are engaged in full-time teaching of organized classes at universities, colleges and schools;
	(m)	editors of newspapers;
	(n)	police officers;
	(o)	persons who are engaged in full-time duties as members of the Australian Capital Territory Fire Brigade;
	(q)	persons whose place of living is in the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth; and
	(r)	persons who, having attained the age of sixty years, claim exemption from serving as jurors;
	(s)	judges and the Master of the Supreme Court;
	(t)	persons holding, or performing the duties of, an office of Chief Executive in the Government Service;
	(u)	public servants in the staff of—
	(i)	the Supreme Court; or
	(ii)	the Magistrates Court;
	(v)	public servants in the staff of—
	(i)	the Attorney-General’s Department;
	(ii)	the Legal Aid Commission (A.C.T.); or
	(iii)	the Office of the Director of Public Prosecutions;
being public servants whose duties involve the provision of legal professional services;
	(w)	persons holding, or performing the duties of, any of the following offices in the Legislative Assembly:
	(i)	Clerk;
	(ii)	Deputy Clerk;
	(iii)	Clerk Assistant; 
	(iv)	Sergeant-at-Arms;
	(v)	Editor of Debates;
	(vi)	Secretary to a committee of the Assembly;
	(x)	persons holding, or performing the duties of, one of the following offices in the Housing and Community Services Bureau:
	(i)	Executive Director, Family Services Branch;
	(ii)	Director, Juvenile Justice Section;
	(y)	persons holding, or performing the duties of, an office of Social Worker in the Housing and Community Services Bureau;
	(z)	persons appointed to an office of Chief Fire Control Officer or Deputy Fire Control Officer in the Government Service;
	(za)	persons holding, or performing the duties of, an office of Community Corrections Officer in the Government Service;
	(zb)	persons holding an appointment under section 6 or 6A of the Remand Centres Act 1976;
	(zc)	persons who are authorized officers within the meaning of the Supervision of Offenders (Community Service Orders) Act 1985.
Liability of disqualified or exempted persons to attend as jurors
13.  A person whose name is on the jury list is not excused from attendance in accordance with a jury summons by reason of his not being liable to serve, his not being qualified to serve, or his being exempted from serving, as a juror unless the Sheriff was, after the issue of the jury summons, informed accordingly and has excused the person from attendance.
Excusing of jurors by the Judge or Sheriff
14.  If the Judge or the Sheriff is satisfied that a person summoned or appointed to attend to serve as a juror ought to be excused from attendance by reason—
	(a)	of illness;
	(b)	of pregnancy;
	(c)	that the person has the care of children or of aged or ill persons; or
	(d)	of circumstances of sufficient importance or urgency,
the Judge or the Sheriff may, at any time after service of the summons or the appointment, as the case may be, excuse the person from attendance or further attendance on the Court during such period as the Judge or Sheriff specifies.
One of two partners etc. may be excused
15.  If the Judge or the Sheriff is satisfied that two or more partners who are members of the same partnership or two or more persons who are employed in the same establishment have been summoned or appointed to attend as jurors on the same day, the Judge or the Sheriff may excuse one or more of those partners or persons from attendance on that day.
Discharge on account of language difficulty etc.
16.  If the Judge is satisfied that a person summoned or appointed to attend to serve as a juror has not sufficient understanding of the English language or of the course of judicial proceedings, or is suffering such mental or physical disability as to be incapacitated for the proper discharge of the duties of a juror, the Judge may discharge that person from further attendance on the Court in pursuance of that summons or appointment.
Judge may excuse a person if in doubt whether he is liable for jury service
17.  If, in the opinion of the Judge, it is doubtful whether a person summoned or appointed to attend to serve as a juror is liable to serve as a juror, the Judge may excuse that person from further attendance on the Court.
Impeachment of verdict of jury
18.  The verdict of a jury shall not be impeached on the grounds that a person who served as a juror was not liable to serve, was not qualified to serve, or was exempt from serving, as a juror unless the Judge was informed accordingly before that person was sworn.
Lengthy trial—relief from jury service
18A.  (1)  At the conclusion of a criminal trial, the Judge may, if he is of the opinion that the trial was of sufficient length to justify his doing so, order that each of the jurors for that trial shall be excused from serving as a juror for a specified period.
(2)  The Sheriff shall—
	(a)	make a notation of an order under subsection (1) on the jury list next to the name of each person to whom the order relates; and
	(b)	notify, in writing, that person of the making of the order.
(3)  During a period specified in an order under subsection (1)—
	(a)	the name of a person to whom the order relates shall, for the purposes of this Act, be deemed to be not included in the jury list; and
	(b)	that  person is not liable to be summoned or appointed to attend to serve as a juror.
Part IV—Jury List
Jury list
19.  (1)  The Sheriff shall, as soon as practicable after the commencement of this Act and subsequently at intervals not exceeding four years, prepare a list of the names of persons liable to serve as jurors.
(2)  On each occasion on which it is necessary to do so, the Sheriff shall prepare the list by striking off from a copy of the latest Roll of electors for the Territory the name of each person who, to the knowledge of the Sheriff, is dead, is not qualified to serve as a juror or is exempt from serving as a juror.
(6)  The names that remain on the copy of the Roll referred to in subsection (2) of this section after the alterations authorized by this section have been made constitute the jury list for the Territory.
(7)  The first jury list as so constituted supersedes the jury list referred to in subsection (2) of section 5 of this Act and the list as so constituted or, if that list is revised in accordance with the next succeeding subsection or the next succeeding section, that list as so revised continues to be the jury list for the Territory until the next jury list is prepared and constituted under this section.
(8)  The Sheriff shall from time to time revise the jury list—
	(a)	by striking off the list the name of each person who, to the knowledge of the Sheriff, is dead, is not qualified to serve as a juror or is exempt from serving as a juror; and
	(b)	by including in the list the name of each person who, having been exempt from serving as a juror, has, to the knowledge of the Sheriff, ceased to be so exempt.
(9)  A reference in subsection (2) or (8) to a person who is exempt from serving as a juror shall not be read as including a reference to a person to whom an order under subsection 18A (1) relates.
Reviews in connection with jury lists
20.  (1)  A person who is aggrieved by a decision of the Sheriff to strike off, not to strike off, not to include or to include in the jury list the name of that person may apply in writing to a Magistrate for a review of the decision.
(2)  The Magistrate shall fix a date and time for the hearing of the application and shall cause the applicant and the Sheriff to be notified accordingly.
(3)  The decision of the Magistrate on an application for a review under this section is final and conclusive.
(4)  The Sheriff shall revise the jury list so that it accords with the decision of the Magistrate.
Part V—Jury Precepts and Summonses
Interpretation
21.  In this Part—
“Sheriff” includes any person performing the functions of the Sheriff in accordance with section 52 of the Supreme Court Act 1933.
Jury precepts
22.  From time to time and as often as necessary, the Judge shall issue, under his hand, a precept directed to the Sheriff requiring him to summon persons to attend on the Court to serve as jurors.
Terms of precept
23.  A jury precept shall be in accordance with Form 1 in the Second Schedule and shall specify the number of persons required to attend on the Court to serve as jurors and the time when the attendance of those persons is required.
Jurors to be chosen by lot
24.  (1)  Where a jury precept is delivered to the Sheriff, he shall choose by lot, from the names on the jury list, the names of as many persons as he considers necessary to ensure that the number of persons that the jury precept requires to attend to serve as jurors, will be in attendance at the Court at the time specified in the precept.
(2)  Where it appears to the Sheriff that—
	(a)	a person whose name has been so chosen is dead, is exempt from serving as a juror or has become a disqualified person;
	(b)	a person whose name has been so chosen is a person referred to in the next succeeding section; or
	(c)	there are reasonable grounds for believing that it is unlikely that a person whose name has been so chosen will be served with the jury summons,
the Sheriff shall choose by lot, in substitution for the name previously chosen, the name of another person whose name appears on the jury list.
(3)  The Sheriff shall prepare, and furnish the Commissioner with a copy of, a list of the names chosen under subsection (1) or (2), as the case requires.
(4)  The Commissioner or a person authorized by him for the purpose may make such inquiries as he thinks fit in an endeavour to ascertain whether any person whose name is included on the list referred to in subsection (3) is a disqualified person and the Commissioner or the first-mentioned person, as the case requires, shall report in writing the result of any such inquiries to the Sheriff.
(5)  A person shall not, except in the performance of a duty under, or otherwise for the purposes of, a law in force in the Territory, either directly or indirectly, make a record of, or divulge or communicate to any person, information obtained in the course of inquiries referred to in subsection (4).
(6)  Where it appears to the Sheriff, after considering a report made under subsection (4), that a person whose name is included on the list referred to in subsection (3) is a disqualified person, the Sheriff shall remove the name of the person from that list and shall, by notice in writing sent by post addressed to him at his last known place of residence, call upon the person to show cause why his name should not be struck off the jury list on the ground that he is a disqualified person.
(7)  Where the Sheriff calls upon a person to show cause under subsection (6), he shall, in the relevant notice, include a statement to the effect that if the person is aggrieved by a decision of the Sheriff to strike his name off the jury list, he may apply for a review of the decision under section 20.
(8)  The Sheriff shall cause to be served upon each person whose name was chosen under subsection (1) or (2), as the case requires, and whose name was not, in pursuance of subsection (6), removed from the list referred to in subsection (3) a summons in accordance with Form 2 in the Second Schedule together with a notice that contains—
	(a)	a statement of the grounds on which, under section 10, persons are not qualified to serve as jurors; and
	(b)	a request that if the person believes he is not qualified to serve as a juror on such a ground, he inform the Sheriff to that effect.
(9)  An action or proceeding, civil or criminal, does not lie against the Commissioner or a person authorized by him in pursuance of subsection (4) personally for or in respect of any act done by him in good faith in connection with the making of a report under that subsection.
(10)  In this section, “Commissioner” means the person holding, or performing the duties of, the office of Commissioner of Police of the Australian Federal Police.
Jurors not liable to be summoned until jury list exhausted
25.  A person who has, during the currency of a jury list, attended on the Court to serve as a juror is not liable to be summoned or appointed to attend to serve as a juror until that jury list has been exhausted.
Service of jury summonses
26.  A jury summons may be served—
	(a)	by delivering it to the person named on it, or by leaving it with a person apparently over the age of sixteen years of age at that person’s place of living as shown on the jury list, not less than four clear days before the date on which he is required to attend; or
	(b)	by sending it by post (under prepaid postage) in an envelope addressed to the person at his place of living as shown on the jury list not less than seven clear days before the date on which he is required to attend.
Preparation of panel of jurors, and lists of jurors excused and jury cards
27.  (1)  The Sheriff shall prepare a panel of jurors for the purpose of the jury precept by listing the names of persons who have been served with jury summonses or if the number of persons served with jury summonses exceeds the number of persons specified in the jury precept as the number of persons required to attend at the Court, by listing, in the order in which the names were chosen under subsection 24 (1) or (2), as the case requires, so many of those names as equals the number of persons so required by the jury precept to attend.
(2)  The Sheriff shall also prepare a list showing the names of the persons who have been served with jury summonses and whose names have not been included in the panel of jurors.
(3)  The Sheriff shall—
	(a)	insert, on the jury panel opposite to each name appearing on the panel, the occupation of the person as shown in the jury list; and
	(b)	prepare in respect of each of those persons a card showing the name and occupation of the person.
(4)  The persons whose names appear on the list referred to in subsection (2) of this section are excused from attendance at the Court in compliance with the requirements of the jury summons, and the Sheriff shall notify each of those persons accordingly.
Sheriff’s return to precept
28.  (1)  Upon the day and at the time specified in a jury precept for the attendance of the persons summoned in pursuance of the jury precept, the Sheriff shall return into the Court the jury precept and shall deliver it to the proper officer together with—
	(a)	the panel of jurors;
	(b)	proof of service of the jury summons on each person named in the jury panel; and
	(c)	the jury cards prepared in respect of the persons whose names appear on the jury panel.
(2)  The proper officer shall place the jury cards in a ballot-box approved by the Judge.
Inspection of jury panels
29.  (1)  Except by leave of the Judge, a person shall not, before the day fixed for a criminal trial or a civil trial, be permitted to inspect the panel of jurors for the trial or to inspect or obtain a copy of the panel.
(2)  Counsel for the Crown, the accused or his counsel or solicitor may, on the day fixed for a criminal trial, inspect or obtain from the Sheriff a copy of the panel of jurors for the trial.
(3)  A party in a civil trial or his counsel or solicitor may, on the day fixed for the trial, inspect or obtain from the Sheriff a copy of the panel of jurors for the trial.
Informalities etc. not to invalidate verdict
30.  An omission, informality or error in name or occupation (if there is no question of identity) with respect to the jury list, a jury precept or a panel of jurors does not invalidate or affect any verdict returned by a jury that is in other respects according to law.
Part VI—Striking and Impanelling Jury
Striking a jury at a criminal trial
31.  (1)  At the commencement of a criminal trial, the proper officer shall draw the jury cards out of a ballot-box one at a time and call aloud the name and occupation shown on each card so drawn until twelve persons have entered the jury-box.
(2)  If all the jury cards are exhausted, by challenge or otherwise, before twelve persons have entered the jury-box at a criminal trial, the Judge may order the Sheriff to appoint forthwith from persons in or in the vicinity of the Court who are liable to serve as jurors so many persons to attend to serve as jurors as will enable twelve persons to enter the jury-box.
(3)  The names of the persons so appointed shall be deemed to have been returned on the jury precept and to have been included in the jury panel and the Sheriff shall deliver to the proper officer a jury card showing the name and occupation of each of those persons.
(4)  The persons so appointed are subject to challenge in the same manner as the persons whose names are included on the panel of jurors.
(5)  The twelve persons in the jury-box shall, upon being sworn, be the jury for the criminal trial.
(6)  A card bearing the name of a person, not being a person appointed under this section, who has been called but not sworn shall, upon the jury being sworn, be returned to the ballot-box.
(7)  When the verdict of the jury has been given and recorded or the jury has been discharged, whichever first happens, the jury cards bearing the names of the jurors shall, unless the Court otherwise orders, be returned to the ballot-box.
Striking a jury at a civil trial
32.  (1)  For the purposes of this section, where, at a civil trial, there are several plaintiffs who are represented by the same counsel or several defendants who are represented by the same counsel, they shall be deemed to be one plaintiff or one defendant, as the case may be.
(2)  At the commencement of a civil trial, the proper officer shall draw jury cards out of a ballot-box one at a time and call aloud the name and occupation shown on each card so drawn out until, after all challenges for cause are allowed, twelve of the persons so called stand in their place in the Court.
(3)  Where there are several plaintiffs not all of whom are represented by the same counsel or there are several defendants not all of whom are represented by the same counsel, the last preceding subsection applies as if the words “so many persons as the Judge directs” were substituted for the words “twelve of the persons”.
(4)  The proper officer shall make out a list of the names and occupations of the persons so standing and shall deliver the list successively to—
	(a)	counsel representing the plaintiff or, where there are several plaintiffs not all of whom are represented by the same counsel, to counsel for the different plaintiffs or, if a plaintiff is not represented by counsel, to that plaintiff; and
	(b)	counsel representing the defendant or, where there are several defendants not all of whom are represented by the same counsel, to counsel for the different defendants or, if a defendant is not represented by counsel, to that defendant.
(5)  Each counsel or party to whom the list is delivered may strike four names off the list.
(6)  Where a defendant does not appear in person or by counsel, the proper officer may, on his behalf, strike four names off the list.
(7)  After the names are struck off under this section, if not more than four names remain on the list, the persons whose names so remain or, if more than four names then remain on the list, the persons whose names are the first four names so remaining shall enter the jury-box and, upon being sworn, shall be the jury for the trial.
(8)  The card bearing the name of a person who has been called but not sworn shall, upon the jury being sworn, be returned to the ballot-box.
(9)  When the verdict of the jury has been given and recorded or the jury has been discharged, whichever first happens, the jury cards bearing the names of the jurors shall, unless the Court otherwise orders, be returned to the ballot-box.
(10)  A reference in this section to counsel shall, in a case in which a party is represented in Court by a solicitor, be read as including a reference to that solicitor.
Part VII—Challenge
Standing persons by
33.  (1)  At a criminal trial, the Court may, at the request of counsel for the Crown, order a person called to stand by until all cards have been drawn from the ballot-box.
(2)  When all cards have been drawn from the ballot-box and less than twelve persons have entered the jury-box, the cards bearing the names of the persons who have been ordered to stand by shall be returned to the ballot-box and again drawn from the ballot-box in accordance with section 31 of this Act.
Challenges at criminal trials
34.  (1)  At a criminal trial, the Crown is entitled—
	(b)	to eight peremptory challenges; and
	(c)	to any number of challenges for cause.
(2)  At a criminal trial, the accused or his counsel or solicitor is entitled—
	(b)	to eight peremptory challenges; and
	(c)	to any number of challenges for cause.
Time for challenging at criminal trials
35.  At a criminal trial, a challenge shall be made as the person called comes to, and before he enters, the jury-box.
Challenge at civil trial
36.  Subject to section 32 of this Act, a party in a civil trial or his counsel or solicitor is not entitled to challenge a person called except for cause.
Trial of challenge for cause
36A.  A challenge for cause shall be tried by the Judge presiding at the trial at which the challenge is made.
Informality in summoning jurors
37.  An omission, irregularity or error by the Sheriff or any of his officers with respect to the time or mode of service of a summons on a person in pursuance of a jury precept, or the summoning or return of such a person by a wrong name (if there is no question of identity) is not a cause of challenge.
Part VIII—Disagreement of Jury
Disagreement at criminal trials
38.  Where, at a criminal trial—
	(a)	a period of six hours has elapsed since the jury retired; and
	(b)	the judge is satisfied, after examination of one or more of the jurors, that the jurors are not likely to agree,
the Judge may discharge the jury, but, except as otherwise provided by this Act, the Judge shall not discharge the jury until the period of six hours has elapsed.
Disagreement at civil trials
39.  (1)  Where, at a civil trial—
	(a)	a period of six hours has elapsed since the jury retired;
	(b)	the jurors are not unanimously agreed upon their verdict; and
	(c)	three of the jurors are agreed upon the verdict to be given,
the decision of those three jurors shall be taken and entered as the verdict of the whole jury.
(2)  Where, at a civil trial—
	(a)	a period of six hours has elapsed since the jury retired; and
	(b)	it is not possible to enter a verdict in accordance with the last preceding subsection,
the Judge may discharge the jury, but, except as otherwise provided by this Act, the Judge shall not discharge the jury until the period of six hours has elapsed.
Adjournment of trial on discharge of jury for disagreement
40.  Where a jury is discharged under either of the last two preceding sections, the Judge shall adjourn the trial to a date fixed by the Judge or to be fixed as the Judge orders.
Part IX—Offences
Offences by jurors
41.  Where—
	(a)	a person served with a summons to attend or appointed by the Sheriff to serve as a juror, not being a person who has been excused under this Act from attendance, has failed to attend in accordance with the summons or appointment; or
	(b)	a person who has so attended has, before being discharged or excused by the Judge or the Sheriff and without the permission of the Sheriff, withdrawn himself from the presence of the Court,
the Judge may, on the facts being reported to him by the Sheriff in open Court, impose forthwith and without service of process on the person a fine not exceeding 5 penalty units.
Enforcement of fines
42.  (1)  Where a fine has been imposed on a juror, the Registrar shall give notice in writing to the juror of the fact that the fine has been imposed.
(2)  A notice in writing under the last preceding subsection may be served in the manner in which a jury summons may be served.
(3)  Within twenty-one days after the notice is served, the juror may apply to the Judge in writing, supported by an affidavit or statutory declaration, for the remission or mitigation of the fine on one of the following grounds, namely:
	(a)	that the juror was, by reason of illness or other sufficient cause, unable to attend or to continue to attend to serve as a juror; or
	(b)	in a case where the jury summons was not personally served on the juror, that the juror did not know that he had been summoned.
(4)  The Judge may confirm, remit or mitigate the fine and the Registrar shall give notice in writing to the juror of the decision of the Judge.
(5)  A notice in writing under the last preceding subsection may be served in the manner in which a jury summons may be served.
(6)  Where application is not made under subsection (3) of this section or application is so made but the Judge confirms or mitigates the fine, and the fine or the fine as mitigated remains unpaid for a period of twenty-one days after the notice referred to in the last preceding subsection is served, the Registrar may deliver to the Sheriff a writ of execution in accordance with Form 3 in the Second Schedule.
(7)  The Sheriff shall execute the writ of execution according to its tenor in the manner in which a writ of execution issued out of the Court is executed.
(8)  In this section, “juror” means a person upon whom a fine is imposed under the last preceding section.
Personation of jurors
43.  A person shall not personate, or attempt to personate, a person whose name is on a panel of jurors for the purpose of sitting as that person on a jury.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
Corruptly influencing a juror
44.  A person who corrupts a juror, or influences a juror except by evidence or argument given in Court, or a juror who is corrupted or is so influenced, is guilty of an indictable offence punishable upon conviction by a fine not exceeding 500 penalty units, or by imprisonment for a term not exceeding 5 years, or by both.
Unlawful dismissal etc. of employees for jury service
44AA.  (1)  An employer shall not dismiss or injure an employee, or alter an employee’s position to the prejudice of the employee, because the employee is summoned to serve as a juror.
Penalty—
	(a)	in the case of a natural person—50 penalty units or imprisonment for 6 months, or both; or
	(b)	in the case of a body corporate—250 penalty units.
(2)  If all the elements of the offence other than the reason for the employer’s action are proved, the onus of proving that the dismissal, injury or alteration was not because the employee was summoned to serve as a juror is on the employer.
(3)  Where an employer is convicted under subsection (1), the court may make either or both of the following orders:
	(a)	an order that the employer pay to the employee a specified sum by way of reimbursement for the salary or wages lost by the employee;
	(b)	an order that the employee be reinstated in his or her former position or in a similar position.
(4)  An order under paragraph (3) (a) is enforceable as if it were a judgment given or entered on a claim under the Magistrates Court (Civil Jurisdiction) Act 1982 of the Territory.
(5)  An employer shall comply with an order under paragraph (3) (b).
Penalty—
	(a)	in the case of a natural person—50 penalty units or imprisonment for 6 months, or both; or
	(b)	in the case of a body corporate—250 penalty units.
(6)  Where an employer fails to comply with an order under paragraph (3) (b), the amount of salary or wages that would, but for the failure, have been payable to an employee in respect of the period of the failure is recoverable as a debt due to the employee by the employer.
part x—miscellaneous
Interpretation
44A.  In this Part, “Supreme Court Rules” means the Rules of the Supreme Court of the Australian Capital Territory.
Oath by jurors
45.  Before serving as a juror, a person shall in open Court make an oath in accordance with the Supreme Court Rules.
Oath by person in charge of jury
46.  The person in charge of a jury shall make an oath in accordance with the Supreme Court Rules.
View during trial
47.  (1)  At a criminal trial or a civil trial, the Judge may, at any time before a jury gives its verdict, order a view of any place or property by the jury and may make all such orders upon the Sheriff or other persons, and give such directions, as the Judge thinks necessary, for the purposes of the view.
(2)  Upon a view being ordered, the person in charge of the jury and each person appointed by the Judge to conduct the view shall make an oath in accordance with the Supreme Court Rules.
(3)  The expenses of a view at a civil trial are payable to such extent and by such person, in the first instance, as the Judge orders.
Affirmations
48.  (1)  A person may, instead of making an oath in accordance with the Supreme Court Rules as required by this Act, make an affirmation in accordance with those Rules.
(2)  A person so making an affirmation shall, for the purposes of this Act, be deemed to have been sworn.
Food and refreshment for jury
49.  The Court may, at any time after a jury has been sworn and whether or not it has retired to consider its verdict, order the jury to be supplied with such refreshments as the Court thinks fit, and the Sheriff shall cause the refreshments to be provided accordingly.
Separation of jury at criminal trials
50.  At a criminal trial, the Court may, subject to such conditions as the Court thinks fit, at any time before the jury retires to consider its verdict, permit the jury to separate.
Payment of jurors
51.  A person who attends on the Court, either upon being summoned or appointed to attend to serve as a juror, is, for each day on which he so attends, whether he serves as a juror or not, entitled to receive payment for his attendance in accordance with the prescribed scale.
Payment of juror’s expenses
51A.  (1)  Where—
	(a)	a person incurs expense during his service as a juror, being expense which he would not have incurred but for that service; and
	(b)	that expense was incurred in circumstances arising after the person was sworn as a juror, being circumstances that would have constituted a sufficient cause for the person to be excused attendance on the Court under this Act if they had arisen before he was so sworn,
the person may apply to the Sheriff for payment to the person of an amount equal to the amount of that expense.
(2)  Where an application is made to the Sheriff under subsection (1), the Sheriff shall consider the application and may grant payment to the applicant of the whole of the amount of the expense incurred by the applicant or such lesser amount as the Sheriff considers reasonable.
(3)  A person who is aggrieved by a decision of the Sheriff under subsection (2) may apply in writing to a Magistrate for a review of the decision.
Regulations
52.  The Attorney-General may make regulations, not inconsistent with this Act, prescribing the scale of payments for the purposes of section 51.

The Schedules
	First Schedule	Section 5
Ordinances Repealed
	Juries Ordinance 1932
	Juries Ordinance (No. 2) 1932
	Juries Ordinance 1933
	Juries Ordinance (No. 2) 1933
	Juries Ordinance 1936
	Juries Ordinance 1941
	Juries Ordinance 1951

Second Schedule
	Form 1	Section 23
Australian Capital Territory
Juries Act 1967
Jury Precept
To the Sheriff.
In pursuance of the Juries Act 1967, I require you to summon to attend the Supreme Court of the Australian Capital Territory at 10 a.m. (or as the case may be) on	
the			day of			, 19       , 			
persons whose names appear on the jury list to make, on that date and until discharged or excused by the Court or by you, a jury for all such matters as shall be required of them.
Given under my hand at				this			   day of 
		, 19     .
	Judge.

	FORM 2	Section 24
Australian Capital Territory
Juries Act 1967
	jury summons
in the supreme court of the Australian Capital Territory
To—

You are hereby required to attend the Supreme Court of the Australian Capital Territory at Knowles Place, Canberra City, at 10 a.m. (or as the case may be) on		  the 
		day of			19     , to serve as a juror and you are there to attend from day to day until you are discharged or excused by the Court or the Sheriff.
Dated this			day of				, 19       .
	Sheriff.

	FORM 3	Section 42
Australian Capital Territory
Juries Act 1967
writ of execution against juror
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:
To our Sheriff of the Australian Capital Territory.
WE command you that of the goods and chattels, moneys and securities for money of and belonging to			    of				  (excepting the wearing apparel, bedding, tools and implements of trade of the said		        to the value of Five hundred dollars in the whole) you cause to be made a levy of the sum of		being the amount of a fine payable by the said			            for
an offence against the abovementioned Act committed on the		            day
of			, 19       , and that you do all such things as you are authorized and required to do in this behalf that you have the said money before us in our Supreme Court of the Australian Capital Territory immediately after the execution thereof to satisfy us for the said fine and that you have there then this writ.
Witness				, Judge of the Supreme Court of the Australian Capital Territory, at				this			      day of
		, 19      .
	Registrar of the Supreme Court.
Levy				dollars besides the Sheriff’s Fee and other fees and expenses.

NOTE
1.	The Juries Act 1967 as shown in this reprint comprises Act No. 47, 1967 amended as indicated in the Tables below.
	The Australian Capital Territory received Self-Government on 11 May 1989.
	For details regarding the application of the Juries Act 1967 from 11 May 1989 to 1 July 1992 see the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth (No. 106, 1988) and the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth (No. 109, 1988), in particular sections 3, 34 and Schedules 3 and 5 and section 12 respectively.  The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) and the Reserved Laws (Interpretation) Ordinance 1989 (No. 25, 1989) effect the citation change of Ordinance to Act and affect references to Commonwealth legislation.
Table of Laws
Law	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Juries Ordinance 1967	47, 1967	20 Dec 1967	1 Jan 1968		
Ordinances Revision Ordinance 1977	65, 1977	22 Dec 1977	22 Dec 1977	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Juries (Amendment) Ordinance 1979	39, 1979	18 Dec 1979	1 Feb 1980 (see Gazette 1980, No. G2, p. 3)	—	
Juries (Amendment) Ordinance 1981	37, 1981	30 Oct 1981	1 Dec 1981 (see Gazette 1981, No. G48, p. 6)	—	
Juries (Amendment) Ordinance 1983	6, 1983	14 Apr 1983	14 Apr 1983	—	
Juries (Amendment) Ordinance (No. 2) 1983	60, 1983	30 Dec 1983	30 Dec 1983	—	
Juries (Amendment) Ordinance 1984	8, 1984	11 Apr 1984	11 Apr 1984	—	
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Juries (Amendment) Ordinance 1989	61, 1989	20 Dec 1989	20 Dec 1989	—	
Supreme Court (Amendment) Act (No. 2) 1993	91, 1993	17 Dec 1993	17 Dec 1993	—	
Electoral (Amendment) (Consequential Provisions) Act 1994	15, 1994	17 May 1994	Part I (ss. 1-3), 
s. 7 and Part III (ss. 9 and 10):  17 May 1994 (see 
s. 2 (1))
Ss. 4-6 and Parts IV and V (ss. 11-15):  25 Aug 1994 (see s. 2 (2) and (3) and Gazette 1994, No. S172)
S. 8:  17 May 1994  (see s. 2 (4))		
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
Statute Law Revision (Penalties) Act 1994
	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	rep. No. 46, 1978
S. 4	rep. No. 65, 1977
S. 6	am. No. 67, 1985; No. 61, 1989; Act No. 91, 1993; No. 15, 1994
S. 8	am. No. 61, 1989
S. 11	am. No. 39, 1979; No. 61, 1989; Act No. 38, 1994
S. 12	rep. No. 39, 1979
S. 14	rs. No. 39, 1979
S. 18A	ad. No. 8, 1984
S. 19	am. No. 8, 1984; Act No. 15, 1994
S. 21	rs. Act No. 91, 1993
S. 24	am. No. 60, 1983
S. 27	am. No. 60, 1983
S. 34	am. No. 61, 1989
S. 36A	ad. No. 37, 1981
S. 41	am. No. 61, 1989; Act No. 81, 1994
S. 43	am. No. 61, 1989; Act No. 81, 1994
S. 44	am. Act No. 81, 1994
S. 44AA	ad. No. 61, 1989; Act No. 81, 1994
S. 44A	ad. No. 37, 1981
Ss. 45-48	am. No. 37, 1981
S. 50	am. No. 61, 1989
S. 51A	ad. No. 6, 1983
S. 52	am. No. 6, 1983
Third Schedule	rep. No. 37, 1981

©  Australian Capital Territory 2007