Juries Act 1981

5 Jury districts

(1)

For every city or town (in this section referred to as a court town) at which sittings of the High Court are held there shall be a jury district (in this section referred to as a High Court jury district).

(2)

For every city or town (in this section also referred to as a court town) at which jury trials are held before an office of the District Court there shall be a jury district (in this section referred to as a District Court jury district).

(3)

Every jury district comprises every place that is within—

(a)

45 km by the most practicable route from the courthouse in the court town in which jury trials may be held; and

(b)

any boundary of the district that is declared by the Governor-General by a notice under subsection (4).

(3A)

[Repealed]

(4)

If, by virtue of subsection (3), a place would be in 2 or more jury districts (both or all of which are High Court jury districts, or both or all of which are District Court jury districts), the boundaries of each of those districts must be declared by the Governor-General, by notice in the Gazette given on the advice of the Minister of the Crown who is responsible for the Ministry of Justice, in such a way as to ensure that—

(a)

no place is included in 2 or more jury districts; and

(b)

no place included in a jury district for a court town is more than 45 km by the most practicable route from the courthouse in that town.

(5)

In considering what advice he or she should give for the purposes of subsection (4) in respect of any place to which that subsection applies, the Minister of the Crown who is responsible for the Ministry of Justice shall have regard to—

(a)

the convenience of the residents in getting to and from a court for jury service; and

(b)

the principle in criminal cases that, so far as practicable, the jury should be drawn from the community in which the alleged offence occurred; and

(c)

the desirability of ensuring that, so far as practicable, the number of persons on the respective jury lists for different districts is roughly equal.

(6)

If jury districts for the relevant High Court and District Court Registries are co-extensive jury districts, the same jury list can be used—

(a)

to compile jury lists for trials in both the High Court and the District Court held within the jury district; and

(b)

to create a jury panel and to summon and empanel jurors; and

(c)

for any related purpose.

Compare: 1908 No 90 s 12; 1966 No 36 s 2(1); 1976 No 48 s 3

Section 5(1): amended (with effect on 4 April 2010 for the constitution of jury lists and the preparation of new jury lists), on 4 October 2010, by section 4(1AA) of the Juries Amendment Act 2008 (2008 No 40).

Section 5(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 5(3): replaced (with effect on 4 April 2010 for the constitution of jury lists and the preparation of new jury lists), on 4 October 2010, by section 4(1) of the Juries Amendment Act 2008 (2008 No 40).

Section 5(3A): repealed (with effect on 4 April 2010 for the constitution of jury lists and the preparation of new jury lists), on 4 October 2010, by section 4(1) of the Juries Amendment Act 2008 (2008 No 40).

Section 5(4): replaced (with effect on 4 April 2010 for the constitution of jury lists and the preparation of new jury lists), on 4 October 2010, by section 4(3) of the Juries Amendment Act 2008 (2008 No 40).

Section 5(5): amended, on 14 November 2018, by section 142(1) of the Courts Matters Act 2018 (2018 No 50).

Section 5(5): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 5(5): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 5(6): inserted, on 14 November 2018, by section 142(2) of the Courts Matters Act 2018 (2018 No 50).