Issues Paper 28 (2006) - Jury service - Law Reform Commission : Lawlink NSW

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Issues Paper 28 (2006) - Jury service TABLE OF CONTENTS Updates and background for this project (Digest) How to get a copy of this Issues Paper PDF version Terms of reference Participants Submissions List of Issues 1. INTRODUCTION BACKGROUND TO THE REFERENCE USE OF JURIES Criminal trials Coroner’s inquests and inquiries Civil trials Defamation proceedings Cost of jury service UNDERLYING PRINCIPLES AND THEMES Rights and duties of citizenship Representation People from culturally and linguistically diverse backgrounds Indigenous people Random selection Participation Unequal burden on those who cannot be exempted or excused Engendering public confidence Fair trial 2. IDENTIFYING QUALIFIED JURORS ENROLMENT AS AN ELECTOR Citizenship Age Disqualified from voting IDENTIFYING POTENTIAL JURORS Compiling the jury roll Need for a separate jury roll? Using the electoral roll to identify and locate potential jurors Supplementing the roll by reference to other sources Cross-checking the roll ABILITY TO READ OR UNDERSTAND ENGLISH 3. CURRENT STRUCTURE OF EXEMPTION DISQUALIFICATION INELIGIBILITY RIGHT TO BE EXEMPTED EXEMPTION FOR GOOD CAUSE ISSUES ARISING Merging the categories Reducing the grounds Civil juries 4. DISQUALIFICATION ON THE GROUNDS OF CRIMINALITY GENERAL REASONS FOR DISQUALIFICATION PEOPLE WHO HAVE BEEN CHARGED OR CONVICTED Custodial sentences for adult offenders Custodial sentences for young offenders Non-custodial orders Orders not specifically covered PEOPLE AWAITING TRIAL OR SENTENCING IDENTIFYING PEOPLE WITH CRIMINAL HISTORIES 5. INELIGIBILITY BASED ON OCCUPATION INVOLVEMENT IN THE ADMINISTRATION OF LAW AND JUSTICE Australian lawyers Past and present judicial officers and coroners Administration of justice and corrections Retirees previously involved in the administration of law or justice Spouses of ineligible people OTHER GOVERNMENT OFFICIALS The Governor and Lieutenant Governor Members of parliament Officers of the parliament Senior public servants Supervisory bodies PEOPLE EXEMPT UNDER COMMONWEALTH PROVISIONS 6. RIGHT TO EXEMPTION BASED ON OCCUPATION HEALTH PROFESSIONALS EMERGENCY SERVICES CLERGY AND RELIGIOUS MINING MANAGERS AND UNDER-MANAGERS OF MINES GROUPS NOT INCLUDED Teachers Students Small business owners and employees 7. OTHER GROUNDS OF EXEMPTION INABILITY TO READ AND UNDERSTAND ENGLISH Assessing ability MISCELLANEOUS CONDITIONS Disability Sickness or infirmity Pregnancy AGE CARER RESPONSIBILITIES Care of people under 18 years Care of people in need of full-time care DISTANCE FROM COURT PREVIOUS JURY SERVICE CONSCIENTIOUS OBJECTION 8. EXCUSED FOR GOOD CAUSE REASONS IN OTHER JURISDICTIONS GUIDELINES RIGHT OF APPEAL DEFERRAL 9. MANAGEMENT OF JURY SERVICE SELECTION AND EMPANELMENT Selection boundaries Volunteers Matters impacting upon the convenience of jurors Sufficient notice of attendance Attendance on the wrong day Case management Attendance on more than one day before empanelment When individual jurors are discharged Length of trial Dealing with bias and conflicts of interest Before or at the commencement of proceedings After the commencement of proceedings ACCOMMODATING JURORS ENFORCEMENT OF COMPLIANCE WITH JURY DUTY Failure to attend Procedure and penalties JURORS’ EMPLOYMENT Protecting jurors’ jobs Employment during jury service COMPENSATION TO JURORS Attendance allowances Continuing normal salary or wages Amount of payment Compensation to employers Recoupment of personal expenses Travelling allowance Refreshment allowance APPENDICES Appendix A: Preliminary Submissions Appendix B: Preliminary consultations TABLES Table of cases Table of legislation BIBLIOGRAPHY

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Last updated 12 December 2006

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