NSW New Juror Selection and Management Rules for Criminal and Civil Trials

Jury Amendment Bill 2024

Legislative Council

Legislative Assembly

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

The court or coroner must discharge the jury if a reduced number of jurors risks a substantial miscarriage of justice
The Supreme Court or District Court can order up to 3 additional jurors for complex or long trials
People can now use temporary disabilities or mental conditions as 'good cause' to be exempt from jury service
Summoned people can request to be excused from jury service either verbally or in writing
Juries in criminal proceedings can separate at any time unless the court orders otherwise
The minimum deliberation time for a majority verdict in criminal trials drops from 8 hours to 4 hours
The Crown and prosecuted persons get one extra peremptory challenge if a replacement juror is selected and previous challenges are used up

The Debate

What different members said when this bill was debated:

Alister Henskens LIB

“I thank the member for Prospect for his succinct summary of the detail of the Jury Amendment Bill 2024. With the exception of one matter that was the subject of an amendment in the other place, I indicate that the Opposition supports the bill as amended.”

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Edmond Atalla ALP

“I support the amendments to the Jury Act 1997 in the Jury Amendment Bill 2024. The bill makes various amendments aimed at improving the operation and management of juries within our judicial system. It is necessary to understand the reasoning behind those amendments, the background that required them and the content of the bill.”

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Nathan Hagarty ALP

“I join in debate on the Jury Amendment Bill 2024, which will make miscellaneous amendments to the Jury Act 1977. The bill has been introduced to make improvements in the operation and management of juries in the great State of New South Wales. The amendments emanate from a review led by the former Chief Judge of the District Court, the Hon.”

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Hugh McDermott ALP

“The Jury Amendment Bill 2024 makes a number of miscellaneous amendments to the Jury Act 1977 to improve the operation and management of juries in New South Wales and provide more support to the people who fulfil their civic duty to serve on a jury.”

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News articles and press releases

Jury Amendment Bill 2024

Dr HUGH McDERMOTT, Member for Prospect — 2024-05-15

During debate in the Legislative Council, an amendment was moved and passed to retain the eight-hour minimum period of deliberation, instead of reducing this period to four hours, as originally proposed. The committee also considered the amendments to: remove the requirement for a court to make an order permitting the jury in criminal proceedings to separate at any time after the jury retires to consider its verdict, introduce email service for jury notices, and increase the investigative powers of the NSW Sheriff to allow investigations into improper conduct by a third party towards a juror.