NCJ Number
74085
Date Published
1980
Length
105 pages
Annotation
The Law Reform Commission of Western Australia's report on exemption from jury service is presented; general information; the present law on disqualification, exemption, and cancellation of liability; and recommendations are included.
Abstract
In Western Australia, juries are normally used only in criminal trials in the supreme and district courts. Selection of jurors involves the compilation of the draft jury roll for each jury district, roll revision, selection of a jury panel, and selection of a particular jury from the panel. The question of disqualification or exemption of a person from jury service can arise at each point in the process. The present law relating to the qualification of jurors and the right to exemption from jury service is contained primarily in the Juries Act 1957-1976 and related proclamations. The commission recommends that the concept of 'exemption' in the present law be replaced by the concepts of 'exemption' in the present law be replaced by the concepts of 'ineligibility' and 'excusal as of right.' Members and officers of the legislative assembly, judges, stipendiary magistrates, special constables, and other specified individuals should be ineligible for jury service. In addition, certain persons should be entitled to excusal as of right. These persons should not be obliged to serve, but will be permitted to do so if they choose. Such individuals include full-time operational staff members of the Western Australia emergency service, officers and firemen of permanent fire brigades, medical practitioners, psychologists, persons in holy orders, pregnant women, and other specified individuals. Approximately 125 footnotes and appendixes are included in the report.