Juries Act 1957
Juries Regulations 2008
Juries Regulations 2008
CONTENTS
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2A — Jury Pools
3A.Jury pool summons2
3B.Pool precept2
3C.Failure to attend2
3D.Selection of jurors2
Part 2 — Payments for juries in civil trials
3.Prescribed time and amounts3
Part 3 — Fees, allowances and expenses
4.Fees for doing jury service4
5.Travel allowance or expenses4
6.Prescribed class of employer5
7.Juror who is employed under a contract of service5
8.Reimbursement of employer5
Part 4 — Infringement notices
9.Prescribed offences and modified penalties7
10.Forms concerning prescribed offences7
Schedule 1 — Forms concerning jury pools
Schedule 2 — Prescribed offences and modified penalties
Schedule 3 — Forms concerning prescribed offences
Notes
Compilation table14
Juries Act 1957
Juries Regulations 2008
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published in the Gazette;
(b)the rest of the regulations — on the day on which the Acts Amendment (Justice) Act 2008 Part 14 comes into operation.
[Heading inserted in Gazette 30 Jun 2011 p. 2616.]
A summons issued under section 32D of the Act is to be in the form of Form 1 in Schedule 1.
[Regulation 3A inserted in Gazette 30 Jun 2011 p. 2616.]
A pool precept issued under section 32G of the Act is to be in the form of Form 2 in Schedule 1.
[Regulation 3B inserted in Gazette 30 Jun 2011 p. 2616.]
A jury pool supervisor is to report to the sheriff as soon as practicable the name of every person who fails to obey a summons issued under section 32D of the Act.
[Regulation 3C inserted in Gazette 30 Jun 2011 p. 2616.]
The selection of jurors by ballot pursuant to section 32H(1) of the Act is to take place before the time specified in the pool precept and in sufficient time to ensure compliance with section 32H(2) of the Act.
[Regulation 3D inserted in Gazette 30 Jun 2011 p. 2616.]
Part 2 — Payments for juries in civil trials
(1)For the purposes of section 44(1) of the Act, the prescribed time is 10.00 a.m. on each day of the civil trial.
(2)For the purposes of section 44(1)(a) of the Act, the prescribed amount is $1 195.
(3)For the purposes of section 44(1)(b) of the Act, the prescribed amount is $147.
(4)For the purposes of section 44(3)(a) of the Act, the prescribed amount is $147.
Part 3 — Fees, allowances
(1)Subject to these regulations, for the purposes of section 58B(4) and (5) of the Act, the sums set out in the Table to this subregulation are prescribed as a fee in respect of doing jury service.
Table of allowances for doing jury service
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$ |
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10.00 |
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If the time of attendance exceeds one half‑day but does not exceed 3 days, for each day |
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If the time of attendance exceeds 3 days, for each day after the third day |
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(2)If the summoning officer is satisfied that a person doing jury service has by reason of so serving lost income in an amount greater than a fee prescribed under subregulation (1), the summoning officer may pay the person a fee that equals that loss.
[Regulation 4 amended in Gazette 30 Jun 2011 p. 2617.]
5.Travel allowance or expenses
(1)For the purposes of section 58B(2) of the Act, the fee paid by a person doing jury service for travelling on a public conveyance each way between the person’s usual residence and the court is prescribed as an expense.
(2)For the purposes of section 58B(2) of the Act, when a public conveyance is not available for travel each way by a person doing jury service between the person’s usual residence and the court, the prescribed allowance for road travel each way between the person’s usual residence and the court is 37.5 cents per kilometre.
6.Prescribed class of employer
For the purposes of section 58B(3) of the Act, the following are prescribed as a class of employer —
(a)a Government department;
(b)a State instrumentality;
(c)a State trading concern.
[Regulation 6 amended in Gazette 30 Jun 2011 p. 2617.]
7.Juror who is employed under a contract of service
(1)A person doing jury service who is employed by an employer under a contract of service other than an employer in a class prescribed under regulation 6 must give the summoning officer written advice of the name and business address of his or her employer.
Penalty: a fine of $1 000.
(2)The advice referred to in subregulation (1) must be given no later than 14 days after completing the service.
(1)If the employer under a contract of service of a person who does jury service (the juror) applies to the summoning officer under section 58B(3) of the Act, the summoning officer is to pay to the employer any fee otherwise payable to the juror under these regulations for the juror’s service.
(2)An application under subregulation (1), verified by a statutory declaration, must provide the following information in support of the claim —
(a)the employer’s Australian Business Number;
(b)the earnings paid by the employer to the juror for any period that the juror did jury service;
(c)the name of the juror;
(d)the juror’s occupation with the employer;
(e)the hourly rate paid by the employer to the juror;
(f)the number of hours of service of the juror lost by the employer as a result of the juror doing jury service.
[Regulation 8 amended in Gazette 30 Jun 2011 p. 2617.]
[Heading inserted in Gazette 27 Oct 2011 p. 4553.]
9.Prescribed offences and modified penalties
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).
(3)The Sheriff of Western Australia may appoint in writing persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
(4)The Sheriff of Western Australia is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
[Regulation 9 inserted in Gazette 27 Oct 2011 p. 4553.]
10.Forms concerning prescribed offences
The forms set out in Schedule 3 are prescribed in relation to the matters set out in those forms.
[Regulation 10 inserted in Gazette 27 Oct 2011 p. 4553.]
Schedule 1 — Forms
[r. 3A and 3B]
[Heading inserted in Gazette 30 Jun 2011 p. 2618; amended in Gazette 27 Oct 2011 p. 4553.]
Form 1 — Summons to Juror
Juries Act 1957
To
You are hereby summoned to attend at the Jury Assembly Room on the
day of 20 at a.m. to serve as a juror at the Criminal Sittings of the Supreme Court and of the District Court and there to attend from day to day until you shall be discharged.
Dated theday of 20 .
Sheriff.
[Form 1 inserted in Gazette 30 Jun 2011 p. 2618.]
Form 2 — Jury Pool Precept
Juries Act 1957
TO THE JURY POOL SUPERVISOR.
You are hereby required to allocate the undermentioned number of jurors from the pool of jurors in accordance with the information contained in this precept.
Court
(insert here Supreme Court or District Court)
No. of jurors required
Date and time required
Place of attendance
Dated at .............................. this day of20 .
.............................................................
Judge or person appointed by
judge under section 32G(1)
[Form 2 inserted in Gazette 30 Jun 2011 p. 2619.]
Schedule 2 — Prescribed offences and modified penalties
[r. 9]
[Heading inserted in Gazette 27 Oct 2011 p. 4554.]
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Offences under Juries Act 1957 |
Modified penalty |
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s. 55(1) |
Failing without reasonable excuse to obey summons that has been served |
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s. 55(2) |
Failing without reasonable excuse to obey direction given under section 32H(4) |
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[Schedule 2 inserted in Gazette 27 Oct 2011 p. 4554.]
Schedule 3 — Forms concerning prescribed offences
[r. 10]
[Heading inserted in Gazette 27 Oct 2011 p. 4554.]
Form 3 — Infringement Notice
Juries Act 1957 section 55
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Name:
Address:
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Infringement Number:
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Modified Penalty: $800 |
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Due Date: |
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It is alleged that you failed without reasonable excuse to obey a summons served upon you /a direction given under Juries Act 1957 section 23H(4) that required you to attend at ...................... on ...................... at ...................... a.m./p.m.
Section 55(1) states: “A person who, without a reasonable excuse, does not obey a summons that has been served on the person under this Act commits an offence.”
OR
Section 55(2) states: “A person who, without a reasonable excuse, does not obey a direction given under section 32H(4) commits an offence.”
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PAYMENT OPTIONS |
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Payment can be made: ·In person at any magistrate courthouse in the state of ·A cheque or money order made payable to: Jury Services posted to: Sheriffs Office Level 2, If you do not pay or respond to the Infringement Notice by the due date, further action will be taken and you will incur further costs. |
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DISPUTING THE ALLEGATION |
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If you wish the matter to be dealt with by a court, do not pay the Infringement Notice. You should advise Jury Services of your intentions in writing to the address below before the due date. If you wish to discuss this further, please contact Jury Services as stated below. Under the Juries Act 1957 section 55, the maximum penalty is $5 000. |
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JURY SERVICES CONTACT DETAILS |
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Address: Level 2, Telephone: 9425 2481Fax: 9425 4406 Office Hours:8:30 a.m. ‑ 4:30 p.m. |
Authorising Officer: ________________Issue Date: __________
Signature: ________________________Issue Location: _________
Form 4 — Notice Of Withdrawal
Juries Act 1957
Criminal Procedure Act 2004 section 15
Infringement Notice Number: _____________
(Name)
(Address)
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DETAILS OF INFRINGEMENT NOTICE AND ALLEGED OFFENCE |
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Infringement Notice Number: |
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Date of Issue: |
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Alleged Offence: |
Failure to obey summons for jury duty/direction under Juries Act 1957 section 32H(4) |
As the approving officer I withdraw proceedings under the Criminal Procedure Act 2004 section 15 in relation to the Infringement Notice issued for the above offence. Any payments made will be refunded. No further action will be taken.
.......................................................................................................
Approving Officer (name)Signature
....................................................
Issue Date
[Schedule 3 inserted in Gazette 27 Oct 2011 p. 4554‑6.]
1This is a compilation of the Juries Regulations 2008 and includes the amendments made by the other written laws referred to in the following table.
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Citation |
Gazettal |
Commencement |
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Juries Regulations 2008 |
26 Sep 2008 p. 4393-401 |
r. 1 and 2: 26 Sep 2008 (see r. 2(a)); |
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Juries Amendment Regulations 2011 Pt. 2 |
30 Jun 2011 p. 2615‑20 |
r. 3: 30 Jun 2011 (see r. 2(a); |
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Juries Amendment Regulations (No. 2) 2011 |
27 Oct 2011 p. 4552‑6 |
r. 1 and 2: 27 Oct 2011 (see r. 2(a)); |