These rules may be cited as the Jury Rules 1990.

These rules shall come into force on the 28th day after the date of their notification in the Gazette.

In these rules, unless the context otherwise requires,—

For the purposes of rules 15 to 23, the term Registrar includes any officer of a court who is deputed by a Registrar of that court to perform the functions of the Registrar for the purposes of a particular trial.

Every request for a jury list made by the chief executive to the Electoral Commission under section 9 of the Act must clearly describe the jury district for which the list is required.

Every jury list provided by the Electoral Commission under section 10 of the Act must include the following information about each person named on the list:

The names on the list must be arranged in alphabetical order, and be numbered consecutively starting from 1.

Jury lists must be provided to the chief executive—

The chief executive may determine that, in respect of any jury district, the Electoral Commission need provide the jury list only on paper, or only in electronic form.

The chief executive must determine which courts are to be manual selection courts, and which are to be electronic selection courts.

A manual selection court is a court in which a manual method is used to select the names from the jury list that are to go onto the provisional panel.

An electronic selection court is a court in which an electronic method is used to select the names from the jury list that are to go onto the provisional panel.

In a manual selection court, when the Registrar receives a copy of a jury list he or she must, in respect of each name on the list, prepare a card bearing the number assigned to that name under rule 4(2).

In the case of co-extensive jury districts, only the Registrar of the High Court (and not the Registrar of the District Court) need comply with subclause (1).

Whenever the Registrar is required, under section 13(1) of the Act, to compile a panel from the jury list, he or she must place all the numbered cards in a suitable container, and must then draw from the container, in a manner that ensures random selection, a sufficient number of cards to ensure enough jurors for the period in respect of which the panel is to be used.

In determining, under subclause (3), what number of cards is sufficient to ensure enough jurors for the period in respect of which the panel is to be used, the Registrar must take into account the number of names (if any) included in the panel in accordance with subclause (6)(b).

Despite subclause (3), if a numbered card is drawn from the container for the purposes of a panel compiled from the jury list, the Registrar must ensure that the card is not returned to the container and so cannot be drawn again for the purposes of any other panel compiled from that list.

As each card is drawn, the number on it must be recorded, and the card kept separate until sufficient cards have been drawn.

When sufficient cards have been drawn, the Registrar must record the names of persons corresponding to the numbers drawn.

The provisional panel is—

In an electronic selection court, whenever the Registrar is required, under section 13(1) of the Act, to compile a panel from the jury list, he or she must arrange for the electronic selection of a sufficient number of names from the list to ensure enough jurors for the period in respect of which the panel is to be used.

In determining, under subclause (1), what number of names from the list is sufficient to ensure enough jurors for the period in respect of which the panel is to be used, the Registrar must take into account the number of names (if any) included in the panel in accordance with subclause (4)(b).

Despite subclause (1), if there is an electronic selection of a name for the purposes of a panel compiled from the jury list, the Registrar must ensure that the name is excluded from the electronic selection of names for the purposes of any other panel compiled from that list.

The selection of names from the jury list must be made using a computer program that ensures random selection.

If for any reason electronic selection is impracticable, the procedure described in rule 6 may be used to select the names to go onto the provisional panel.

The provisional panel is—

The jury list information about a person named on a jury list and on a panel that must be included on the panel (and that therefore is the panel information for the purposes of sections 2 and 13(1A) of the Act) is prescribed by this rule as all jury list information about the person except for the person’s address.

The Registrar must check every provisional panel, and must delete from it the name of any person to whom any of paragraphs (a) to (e) of section 12A(1) of the Act applies.

The final jury panel is the provisional panel as modified by any deletions made under subclause (1).

For the purpose of finding out whether any person named on a provisional panel is disqualified from jury service under section 7 of the Act, the Registrar may, electronically or otherwise, compare the provisional jury panel with any databank of convicted persons held by the Ministry of Justice.

The Registrar must not keep records of persons who are disqualified from jury service under section 7 of the Act.

The Registrar shall summons each juror on the panel at least 10 working days before the date on which the juror is required to attend the court.

Every such summons must be in form 1 of Schedule 1 unless it is a replacement jury summons issued in accordance with section 14C(1)(c) of the Act after a deferral of jury service, in which case it must be in form 1A of Schedule 1.

Service of a summons may be effected in any of the following ways:

Personal service may be proved by affidavit or upon oath at the hearing.

Subclauses (1), (3), and (4) apply to a replacement summons issued in accordance with section 14C(1)(c) of the Act after a period of deferral in the same way as they apply to any other summons issued under section 13(1) of the Act.

Subclauses (3) and (4) apply to a written notice under section 14C(1)(d) of the Act (that is, a written notice that a person is no longer liable to serve as a juror as a result of the summons in respect of which an application for deferral of jury service was made under section 14B of the Act) in the same way as those subclauses apply to a summons issued under section 13(1) of the Act.

The Registrar must consider the application promptly, and inform the applicant of the Registrar’s decision as soon as practicable, if a person summoned for jury service applies to the Registrar to—

Nothing in this rule limits or affects the Registrar’s powers under sections 14C(4) and 15(1B) of the Act.

If the Registrar declines the application, the Registrar must inform the applicant promptly of the applicant’s right of appeal against that decision under section 14C(2) of the Act or, as the case requires, section 15(4) or 15A(5) of the Act.

The applicant may appeal against the decision of the Registrar by—

If the applicant lodges an application with the Registrar under subclause (4)(b), the Registrar must refer the application to a Judge as soon as practicable.

When an appeal is determined, the Judge must give his or her decision, or cause his or her decision to be given, to the appellant promptly in any manner the Judge thinks fit.

No summoned person’s liability to attend at the appointed time, or liability to serve as a juror, is limited or affected by this rule or merely because the person has—

The Registrar must compile a record of every person summoned for jury service.

The record must include, for every person summoned for jury service,—

The record may also include the person’s electronic address or mobile phone number (or both) if provided by the person in communications relating to a summons.

The Registrar must keep the record for at least 2 years after it was most recently compiled.

This rule applies to a juror at any time if at that time the juror—

The Registrar must prepare a separate jury card in respect of each juror to whom this rule applies and place the cards in a suitable receptacle, to be known as the principal ballot box.

The jurors summoned to attend a court at a particular time shall assemble at that time in the area of the court precincts designated for the purpose by the Registrar.

Subject to subclause (1A) and rule 18, where a jury is required for a particular trial, the Registrar shall, in the presence of the available jurors and of any party who wishes to be present, draw out of the principal ballot box, in such a manner as to ensure random selection, a sufficient number of jury cards.

The available jurors are not required to be in the presence of the Registrar when the Registrar draws the cards if—

The cards drawn out of the principal ballot box in accordance with subclause (1) shall, at the place where they are so drawn out, be placed by the Registrar in the courtroom ballot box.

Where the preliminary balloting of jurors under rule 15 takes place out of the courtroom in which the trial is to be held, the Registrar shall, when that balloting has been completed, escort the balloted jurors to that courtroom.

However, the balloted jurors are not required to be escorted to the courtroom if—

Where cards drawn out of the principal ballot box, have, in accordance with rule 15(2), been placed in the courtroom ballot box, the Registrar shall in open court, and in the presence of the parties, draw out of the courtroom ballot box, in such a manner as to ensure random selection, the number of jury cards sufficient to constitute the jury.

The trial Judge may in respect of any particular trial direct that the provisions of rule 15 shall not apply, in which case the provisions of subclause (2) shall apply.

Where the trial Judge directs, in respect of any particular trial, that the provisions of rule 15 shall not apply, the Registrar shall in open court, and in the presence of the available jurors and of the parties, draw out of the principal ballot box, in such a manner as to ensure random selection, the number of jury cards sufficient to constitute the jury.

However, the available jurors are not required to be in the presence of the Registrar when the Registrar draws the cards if—

Each juror shall be called as his or her name is drawn in accordance with rule 17 or rule 18(2).

As a juror is called, he or she shall move forward and take his or her seat unless challenged or ordered to stand by.

If, after all proper challenges have been allowed, there are insufficient jurors to constitute a jury, the Registrar shall ballot further jurors in accordance with—

as the case may require, and so on until sufficient jurors remain after all such challenges have been allowed.

The jury cards balloted in accordance with rule 15(1) or rule 18(2) but not required for a particular trial shall be returned to the principal ballot box.

The juror’s oath (or affirmation) must be—

The cards of the persons who constitute the jury shall be kept apart until the jury’s verdict has been given or the jury has been discharged.

The chief executive of the Ministry of Justice may from time to time prescribe information necessary or desirable for the purposes of the Act and these rules to be printed on or delivered with every summons served under rule 10.

However, the service of a summons to be served under rule 10 must not be treated as ineffectual merely because any information so prescribed was not printed on or delivered with the summons.

This rule overrides rule 10.

The Registrar shall fix the amount of a deposit required under section 29(1) of the Act to be made in respect of the expenses of a view in a civil case as the sum that the Registrar reasonably considers to be sufficient to cover the travelling expenses of the Judge, the jurors, the parties and their counsel, and any other person that the Judge directs to attend the view.

The fee payable in a civil case under section 31 of the Act for every day or part of a day on which the jury serves shall be as follows:

During any trial, the Registrar shall provide the jurors with such accommodation, refreshment, and meals as the Judge may think fit to direct.

The following fees are payable to a juror for every day before the sixth day (during a single period of jury service) on which the juror attends the court when duly summoned:

The following fees are payable to a juror for every day after the fifth day (during a single period of jury service) on which the juror attends the court when duly summoned:

The chief executive of the Ministry of Justice may, if satisfied in a particular case that it is desirable to do so, increase a sum otherwise payable under subclause (1) or (2).

The following expenses are payable to a juror for travelling from home to attend the court when duly summoned, or returning home after attending the court when duly summoned:

The actual and reasonable costs of car-parking are payable to a juror who attends the court when duly summoned if the Registrar—

The actual and reasonable costs of childcare provided for children in the care of a juror who attends the court when duly summoned are payable to the juror if the Registrar—

For the purposes of this rule, attending the court includes—

The fees fixed by these rules are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

The rules specified in Schedule 3 are hereby revoked.

Amendment(s) incorporated in the regulations.

The temporary provisions set out in clauses 1, 2, 3, 5, 6, 7, and 8 of Schedule 1AA apply during the period—

The temporary provisions set out in clause 4 of Schedule 1AA apply during the period—

The temporary provisions have the following effect while they apply:

If a temporary provision replaces a rule,—

If a temporary provision is inconsistent with a rule, the temporary provision prevails.

To avoid doubt, a cross-reference in these rules or any other enactment or document to a rule specified in subclause (3) is to be treated as a cross-reference to the corresponding replacement provision on or after the commencement of this rule.

Clause 4 of Schedule 1AA is revoked on the date on which the COVID-19 Public Health Response Act 2020 is repealed.

This rule, rule 31 and the cross-heading above it, and the rest of Schedule 1AA are revoked on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020 is repealed.