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Jury Empanelment: Consultation Paper (html)

  • Posted on October 1, 2013

Appendices

Appendix A: Peremptory challenges and stand asides in criminal trials

Jurisdiction

Victoria

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Western Australia

New Zealand

Number of peremptory challenges available to accused

• 6 where

1 accused

• 5 each where

2 accused

• 4 each where 3 or more accused

8 for each accused

• 3 for each accused

• Additional peremptory challenges can be made with agreement of all parties.

• 6 for each accused

• Up to 12 challenges for each accused for ‘capital offences’1[1]

8 for each accused

3 for each accused

6 for each accused

3 for each accused

4 for each accused

Number of Crown peremptory challenges

N/A—Crown has right to stand aside only.

8 for each accused

• 3 for each accused

• Additional peremptory challenges can be made with agreement of all parties.

• 6 for each accused

• Up to 12 for capital offences

8 for each accused

3 for each accused

N/A—Crown has right to stand aside only.

3 for each accused

• 4 where

1 accused

• 8 where 2 or more accused

Number of Crown right to stand asides

• 6 where

1 accused

• 10 where

2 accused

• 4 where

3 or more accused

Unlimited, but at the discretion of the court

N/A—Crown has peremptory challenges only.

Up to 6 at discretion of the court

N/A—Crown has peremptory challenges only.

N/A—Crown has peremptory challenges only.

Unlimited

N/A—Crown has peremptory challenges only.

Unlimited, but requires consent of an accused. Also available to an accused with the consent of the Crown.

Number of extra challenges where additional or reserve jurors

None

• 1 per party where 1 or 2 additional jurors

• 2 per party where

3 additional jurors

• 3 per party where

4 additional jurors

1 per party

None

• 1 per party where 1 or

2 reserve jurors

• 2 per party where

3 reserve jurors

None

1 plus any unused challenges

None

N/A—additional jurors are not appointed in New Zealand.

Appendix B: Peremptory challenges in civil trials

(Note: Jury trials have been abolished for civil cases in South Australia and the Australian Capital Territory.)

Jurisdiction

Victoria

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Western Australia

New Zealand

Number of jurors empanelled

Usually 6, maximum of 8

N/A

Usually 4, although either party may apply for a jury of 12 in the Supreme Court.

4

4

N/A

Usually 7, maximum of 9

6

12

Number of peremptory challenges

3 per party. If parties have the same legal practitioner, they must share their 3 challenges.

N/A

Each party has the number of challenges equal to half the number of jurors required in the trial. In practice, with a standard jury of 4, this usually means 2 per party.

None

2 per party

N/A

3 per party. If parties have the same legal practitioner, they must share their 3 challenges.

6 per party[2]

4 per party

Number of extra challenges where additional or reserve jurors

None

N/A

N/A—reserve jurors are not appointed for civil trials in New South Wales.

N/A

• 1 per party where 1 or 2 reserve jurors

• 2 per party where 3 reserve jurors

N/A

0

N/A—additional jurors are not appointed for civil trials in Western Australia.

N/A—additional jurors are not appointed in New Zealand.

Appendix C: Information about jurors available to parties /
Calling of the panel in the courtroom by name or number

Jurisdiction

Victoria

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Western Australia

New Zealand

Information about jurors available to the parties

Name or number and occupation

Name and occupation

Number only

Name and occupation

Name, occupation and suburb

Name, occupation and suburb

Name, occupation and address

Name, occupation and address

Name, occupation, address and date of birth

When and how information is provided

Called aloud during empanelment.

List provided to the parties in court prior to the empanelment.

N/A

List made available to parties at the Sheriff’s Office 48 hours prior to empanelment.

In practice, parties generally seek to view the list on the morning of the empanelment.

List can be requested by parties from 4pm on the business day prior to the day of empanelment.

List made available to counsel in court ‘long enough before the jury is empanelled to enable counsel to take instructions to challenge’.

In practice, this list is provided to parties as the Sheriff and potential jurors enter the courtroom.

List made available to parties at the Sheriff’s Office approximately a week prior to the empanelment.

List made available to parties’ legal representatives on the day of empanelment.

List may be inspected on request by a party, their lawyer, the Crown or a police employee working on the matter.

This can occur

not more than

7 days before the week in which the empanelment is

to occur.

Calling of the panel in the courtroom by name or number

Name or number (at discretion of the judge)

Name

Number

Name

Number and

name[3] (unless the court directs the panel be called by number only for security or other reasons)

Number

Name (unless the court directs the panel be called by number only for security or other reasons)

Number

Name

Appendix D: Additional and reserve jurors

Jurisdiction

Victoria

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Western Australia

New Zealand

Additional jurors or reserve jurors

Additional

Additional

Additional

Reserve

Reserve

Additional

Reserve

Additional

N/A—additional jurors are not appointed in New Zealand.

Number of additional or reserve jurors allowed

• 3 in criminal trials

• 2 in civil trials

• 5 in criminal trials

• Civil juries abolished in ACT.

• 3 in criminal trials

• None in civil trials

• 3 in criminal trials

• None in civil trials

• 3 in criminal trials

• 3 in civil trials

• 3 in criminal trials

• Civil juries abolished in SA.

• 2 in criminal trials

• 2 in civil trials

• 6 in criminal trials

• None in civil trials

N/A

Conditions for empanelment of additional jurors

None

If a judge considers it appropriate.

A court may empanel additional jurors if it is satisfied that:

• the trial is likely to run for more than 3 months[4]

• it is an appropriate way to ensure that enough jurors will be left on the jury when it has to consider its verdict

• there are appropriate facilities for the additional jurors.

None

None

If the court thinks there are good reasons for doing so.

None

None

N/A

  1. Defined as ‘an offence the penalty for which under a law in force in the Territory is prescribed to be life imprisonment with or without hard labour, and in respect of which the court imposing the sentence may not vary or mitigate the sentence and includes murder’: see Juries Act (NT) s 5(1).

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  2. The challenges are made from a list of at least 20 potential jurors. The names remaining on the list following the challenges are drawn at random until 6 jurors are selected.

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  3. The Jury Act 1995 (Qld) s 41(1)(b) provides that jurors be called by name. However, the Sheriff of Queensland’s office advised that the practice is for jurors to be called by name and number.

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  4. Section 19(2)(b) of the Juries Act 1977 (NSW) also allows for particular kinds of trials to be prescribed by regulations as appropriate for additional jurors, but this has not occurred to date.

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5. Additional jurors
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