jury act jamaica.pdf

8/10/2019 Jury Act jamaica.pdf

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JURY

THE URY ACTARRANGEMENT OF SECTIONS

1. Short title.

Qua lifcation of Jurors

2. Qualifications of jurors.3.4. Repealed by Act 7 of 198

5.6. Finality of jury lists.

Making up of Jury Lists

7. Making up of jury lists.

8. Special panel of Justices to be chosen by Custos.9. Holding of Special Petty Session for provisional settlement of jury

lists.

10. Correction of lists in Special Petty Sessions.11 Allowance of list and notification thereof.

12. Special Petty Sessions for-final settlement of list.

13. Final settlement and transmission ofjury list to Supreme Court.

14. Persons whose names appear on list to be jurors for the parish.

15. No alteration etc. of list.

Impanelling and Summoning Jurors

16. Registrar to strike panels.

17. Number ofjuro rs on panels.

18. Making up of panels so that jurors may be summoned equally.

19. Service of summons.

20: Registrar to send jury list to Registrar and Clerks.

21. Power of Court to order additional panel of jurors to be struck.

22. Panels of jurors to be used alternately.

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JURY i23. Division of pane ls where two or more Courts are held.

Special Provisions Relating to Special Juries

24. Power to order special jury in criminal cases involving accountsor documents.

25. Judge may order special jury.

26. Appointment of time and service of notice of striking spec ial jury.

27. [Repealed by Act of2009 1

28. New order to strike special jury unnecessary forremane t.

29. When special jury not struck or summoned case to be heard beforecommon jury. I

30. When spec ial juror not to serve on common jury. I

Number of Jury

3 1. Num ber of jurors n criminal cases.

32. Number ofju rors in civil cases.

33. Challenges. i34. Foreman of jury.

Payment ofJurors

35. Payment of jurors in civil cases.

36. Method of payment.Costs of special jury.

37. Payment of jurors in criminal cases.

38. Subsistence allowance.

Fines on Jurors

39. Fines.

0. Juror not liable to penalty unless served twenty-one days before Court.

4 1 Procedure on infliction of fine.

42. Recovery of penalties.

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JURY 3

Miscellaneous43. Tales.44. Verdict of jury in criminal cases.45. Discharge of jury in criminal cases.46 Refreshment for jurors.

47. Power to permit jury to separate.48. Challenge to the array, etc.49. Ballot for jury in Circuit Court50. saving of inhemt powers of court. 51. Rules.52. Regulations.

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URY

Cap. 186. 18 of 1975Laws S. 19,

11 of 1962, 1 of 1979

THE JURY ACT* 15 of 1962 st Sch.,S. 35. 7 of 1980,Acts 3 of 1981.

[7th July, 1898.1 Of 962 1 of 1987,S. 16, 28 of 1987,

2 of 1966. 10 of 1989.42 of 969 8 o f 1999,

3rd Sch., 1 of 2009,24 of 2010.

1. This Act may be cited as the Jury Act. short title.

QualiJication of Jurors2 . 4 1 ) Subject to subsections 2), 3) and 4), any person lnoos

who resides in Jamaica and has attained the age of eighteen S.2.years but is under the age of seventy years, is qualified andliable to serve on juries if-

(a) the person s name is on any current official list of

electors for elections to the House of Representatives;

(b) the person is registered under section 1 7 ~ f theRevenue Administration Act.2) No person who-

a) is not a Commonwealth citizen; or(b) cannot speak, read and write English; or(c) is at the date on which he is required to serve as a

juror-(.i) a person awaiting trial in a Resident. Magis-

trate s Court for an indictable offence; or(ii) a person in respect of whom a preliminary

inquiry into an indictable offence is pending or

who has been committed for trial for such anoffence; or6 ) has been convicted of treason or any offence for which

he has been sentenced to imprisonment (by whatever*This Act is to be modified consequent on the repeal of the Representation of the

Peop le Interim Electoral Reform) Act.

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6

Schedule A.

Finality ofjury lists.711 980S 4

URY

name called) for a period in excess of six months,unless he has received a free pardon,

shall be qualified to serve on juries.

3) The persons described in Schedule A shall be exemptfrom jury service, and their names shall not be inserted in thejury lists.

4) The Minister may from time to time, by order pub-lished in the Gazette, amend Schedule A.

5) Save as provided by or pursuant to this section andsubject to section 18, no person qualified to serve shall be

exempt from jury service.3 [Repealed by Act 7 of 1980 14 [Repealed by Act 7 of 1980 15 [Repealed by Act 7 of 1980 1

6.-31) No person whose name is on the jury list as a jurorshall be entitled to be excused from attendance at court on theground of any disqualification or exemption, othei than illness,not claimed by him at or before the final settlement of the list ashereinafter provided; but a .Judge, Resident Magistrate orCoroner may excuse any person if satisfied that-

(a) that person is disqualified or is entitled ,to exemptionunder any provision of this ~ c t ; r

(b) on application by that person or; in the case of anemployed person, his employer, such attendance willresult in undue financial loss or hardship; or

(c) such person, for reasons which appear sufficient to.theJudge, Resident Magistrate or Coroner, should beexcused.

2) No verdict or finding in any proceedings, whethercivil or criminal or a Coroner s inquest, shall be invalidated byreason only of the fact that a person didqualified or exempt fromso serving, served on the jury in those proceedings.

Making up of Jury ListsMaking up 7 . -41) On or before the first day of February in each pre-of jury lists.

scribed year, the Chief Electoral Officer shall prepare and

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URY 7

forward to the Chief Oficer o f Police in each parish, in such 711980S 5form and in such numbers as may be prescribed for the purpose,

printed copies of a list containing the names in alphabetical s 2 a)order of persons in that parish .whose ,names Appear on thecurrent official list o f electors for elections to the House of 311981Representati-ves (excluding persons who appear to him to be not 2 a)qualified for or exempt from jury service pursuant to section 2)and the lists so forwarded shall contain the particulars requiredby or pursuant to this Act in respect o f each such person.

(2) The ~egistration uthority (as defined by section 170 112009of the Revenue Administration Act) shall, on or before the first s 3 1)day o f February in each year, prepare and forward to the ChiefOfficer o f Police in each parish, printed copies o f a listcontaining the names in alphabetical order o f persons in thatparish who are registered under section 1 7 ~ f the RevenueAdministration Act (excluding persons who appear to it to benot qualified for, or exempt from, jury service ~ursuant osection 2).

3) The lists referred to in subsection (4) shall be in such I12009form and, in such numbers as may be prescribed, and shall s

contain the particulars required by or pursuant to this Act inrespect o f each such person.

(4) 'The Chief.Officer of Police in each parish shall for- 311981s 2 b)ward a copy o f each list to the Resident Magistrate in each 112009

parish. . s 3 2 )112009

5) During the continuance in force o f the Electoral Com- s 3 3)mission (Interim) Act, any reference in this Act to the Chief $Electoral Officer shall be construed as a reference to the 2811987Director o f Elections appointed under that Act. s 2

6) In this Act prescribed year means the year 1990 and 1011989every fourth year thereafter. S 2.

8. The Custos o f each parish shall select a number o f Justices specialin the parish to constitute a special panel for the purpose of

y zsettling the jury list for that parish. be chosenby Custos71 980S 5

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URY

Hold~ng fSpec~alPeny Ses-slon forprovis~onalsettlementof U ~ Y119

711980S

Correctionof lists inSpecialP e wSessions.

9 .- (1 ) The Resident Magistrate n each parish shall summonfrom the special panel of Justices aforesaid such 'number of

Justices as he considers necessary for the purpose of settling thejury list for that parish; and the Resident Magistrate and theJustices attending pursuant to such summ ons shall in kach parishconstitute a Special Petty Session and are hereinafter; referred toas "the Justices".

(2) Such Special Petty Session as aforesaki for eachparish shall be held on the third Thursday in May in eachprescribed year at the Court House for the parish bt the head

station thereof for the purpose of provisionally settl)ng the jurylist; and the Resident Magistrate shall preside at each suchSpecial Petty Session. t

3) At such Session, it shall be the duty of the ChiefOfficer of Police to attend, and to produce then and there copiesof each list forwarded pursuant to section 7, verified andcorrected as to the particulars contained therein, according to thebest information which he has been able to obtain, and to answer

upon oath such questions concerning the sam e as shall be put tohim by the Justices then present.(4) It shall be lawful for the Justices to Adjourn such

Session from time to time to such extent as may be (ecessary forthe purpose of completing the provisional settlement of the jurylist.

10. It shall be lawful for the Justices at such Sessions-a ) to strike out of such list the names of all persons shown

to their satisfaction to be not qualified, or not liable toserve on juries, or to be dead, or disabled by mentalincapacity, deafness, blindness, or other permanentinfirmity of body from serving on juries;

(b) to add to such list the name of any person in the parish,who, according to the best information they have, orare able to obtain, is possessed of the qualificationsrequired by this Act, and liable to serve ona jury;

c ) to correct any errors or omissions, either in the names,or in the particulars required to be inserte in such listrespecting any person.

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JURY 9

11. The list, after such omissions, additions and corm- F %wtions have been made, shall be allowed by the Justices zoc aonpresent, or two of them, who shall sign the same with their 3,198,allowance thereof, and deliver the same to the Chief Officer S. 3.of Police; and such officer shall, on or before the first day ofAugust in each prescribed year, cause a copy thereof to be 1 ) 1 ~displayed in a conspicuous place in each Court House andPolice Station within his parish, having first subjoined toevery such copy a notice stating that all objections to the listwill be heard by the Justices at the Court House at the headstation of the parish on the third Thursday in August atten oclock in the forenoon, to the end that notice may begiven of persons qualified, who are omitted, or of personsinserted, who ought to be omitted from such list.

4.

12 .41 The Justices in every parish shall hold a furtherp m rSpecial Petty Session at the Court Hwse at the head rmy

station thereof, on the third Thursday in August at ten letfl m otoclock in the forenoon in each prescribed year, at which thec h i e f Officer of Police shall attend and produce the original s 8 a) B b)list allowed by the Justices and the Justices shall correctsuch errors (either in the names, addresses or occupations) 3,19B1as shall be brought to their attention by the Chief Officer of s. 4.Police. At such Sessions the Justices shall hear and

finally dispose of any objections that may be made tothe list, and shall also select therefrom the names ofsuch persons as in their judgment are best fitted to serveas special jurors in each of the parishes of Kingston andSt. Andrew one hundred and fifty in number and in eachof he other parishes of the Island not more than onehundred n number), and cause to be written opposite everyname so selected, the words special juror:

Provided that the insertion opposite any name appearing

on such list of the letters S.J. or either of them or ofany other abbreviation of the words special juror, indicat-ing that the Justices have selected as a special juror the


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10

11/1962s.2.

7/1980s. c).

F i n drdUerncotand traos-mission ofjuryl is t toSupremeCourt.7/1YJos. 9.111987s 5

3/1981s .

Personswhose

appear onlist to beinron forthe parish.111987S. 6.711980S. 10 (a)

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JURY

person opposite whose name such letter, letters or abbrevia-tion appears, shall have the same force and effect as if thewords special juror had been written opposite suchname :

Provided further that no jury list settled for a parishunder thi s section shail be invalidated by reason of the factonly that the aggregate number of persons selected to serveas special jurors for the parish may be greater or less thanthe number required by this section to be so selected.

2) The Special Petty Session may from time to timebe adjourned to such extent as may be necessary for thepurpose of completing the End settlement of the jury list.

13. After finally settling the jury list as aforesaid, theJustices present shall certify in writing on each of two copiesot such list that they have examined it, and that the list is, tothe best of their knowledge and belief, a true and proper jurylist; and their decision as to the qualifications of the personsin the list shall, as respects that list, be final. A copy of the listso certified shall be delivered to the Clerk of Courts of theparish to be retained by him, and the other copy shall bedelivered to the Chief Officer of Police, who shall forth-with transmit the Same to the Registrar of the SupremeCourt, for preservation by him as part of the records ofsuch Court, a t the same time attesting on oath his receipt of

the copy of the list from the Justices as aforesaid, and that noalteration has been made therein since his receipt thereof,14. The persons whose names appear in the certified copy

of the list for each parish so transmitted to the Registrar ofthe Supreme Court shall, as regards those opposite to whosen a m e are written the words special juror, or the lettersS.J. or either of them, or any other abbreviation of thewords Special Juror, be the special jurors, and as regardsthe remainder, be the other jurors qualified and liableto Serve on the jury for such parish for the ensuing year,and for edch year thereafter until the formation of a newju ry list.

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JURY

15. No alteration addition or omission shall be made by theNoaltera-Registrar of the Supreme Court or by the Clerk of the Courts or~ ~ ~ s ~ t c

by any other person on the copy of the list transmitted or 111987delivered to him pursuant to section 13 under a penalty not S.7 .exceeding two hundred dollars for every such alterationaddition or omission.

1 6 . 4 1 ) The Registrar of the Supreme Court shall strike and Reg~strarmake up such number of panels of jurors as he considersr:;:necessary for the trial of cases at the sitting of each Circuit111987Court. S 8.

2) [Deletedby Act of 2009 1

1 7 . 4 1 ) Every panel o fju rors to be struck and made up for a NumberofCircuit Court shall contain the names of such number of jurors E, :kSonnot being less than seventy nor more than one hundred as the211966Registrar of the Supreme Court may consider necessary havingS 3

regard to the number of Courts to be held at such Circuit

Court.2) Such jurors shall in every case be taken from the

jury list for the parish for which the Court is to be held but inthe case of the Court for the parishes of Kingston and St.Andrew the jurors shall be taken indiscriminately from the jurylists of those parishes and it shall not be necessary to take anyparticular number of jurors from the list of either one of such

parishes.18. In m aking panels of jurors the Registrar shall not placeMaklngup

of panelsany juror on the panel a second time until all the jurors sot athave been placed once on the panel and the Registrar shallJurorsmaymake up the panels so that all jurors shall be summonedr zequally:

Provided that-

a ) any juror who has been excused from serving on apanel at any Circuit Court may.be placed on the pal;klfor the next or any succeeding Circuit Court in lieu ofthe panel in respect of which he has been excused;

equally711980S . 13.

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b ) any Judge of the Supreme Court; sittindC.ina CircuitCourt, or any Coroner sitting in a coroner's inquest,

may exempt the jurors seiving on any particularoccasion, from being p lacid on the list o f jurors forsuch time as the Judge or Coroner, i s the case may be,shall think fit.

2 ) Any such summbns may be served upon anyperson-

I

Service osummons.

1 9 . 4 1 ) The ~ e ~ i s t r a rhall cause to be served i n each of the7 1980 jurors whose n aqes are contained in the panel made up pursuants. 14. to section 18, twenty-one days at least before the hayTon which

I .a) by delivering it to him; or

112009

s.b(b), such juror is required to attend, a summonsscheduleC provided in Schedule C.

b ) by delivering it to a person apparently o?er the age oft sixteen years and residing at the last or usual place of

-abo de or place of business of the berson .be ingI

summoned; or

in the form

c ) by posting i t by' registered letter lpost/ addressed tohim at his last or usual place of abode or place ofbusiness.

I

- (3) A summons sent by registered post pursuant to sub-s?ction 2 ) c ) shall be deemed to be served h e r he expirationof 'ten days after the date on which it was posted unless thecontrary is proved.

4) Service of the summons may be proved by theaffidavit, or joint affidavit, of the person o r serving it or,i i the case of service by registered post, the perkon or persons

who despatched it.(5) Any summons served in the manner prescribed by

subsection 2 ) (b) shall be deemed to be duly served unless thecontrary is proved.

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URY 13

(6) The Registrar of the Supreme Court may, in relation rnto such parishes s he considers necessary or desirable, arrange S 6(C)( ).

for the service of summonses by Bailiffs or Assistant Bailiffsof Resident Magistrates Courts or by constables or such 10009other persons as the Registrar considers fit who, in relation S 6(c)(ii).

thereto, shall be paid such fees and travelling expenses as maybe approved by the Minister.

2 0 . 4 1 ) In the case of Circuit Courts, other than theRegistrar

Circuit Court for the parishes of Kingston and St. Andrew,jR; Gtothe Registrar shall, not less than ten days before the day Registrarand Clerks.on which the jurors forming a panel are required to Inoos

attend the sitting of a Circuit Court, send a list of the names of s.7(a)(b).the jurors forming the panel of that court to the Clerkthereof.

(2) The Clerk of each Circuit Court referred to in para-graph (b) of subsection (I) shall, immediately after the com-pletion of sittings of that Circuit Court, send to the Registrar ofthe Supreme Court, together with all other relevant records, thelist of the names of the jurors forming the panel for that InowCourt. S 7(c).

2 1 . 4 1 ) Notwithstanding the provisions of sections 16,Powerof

17, 19 and 20 if it appears to the Judge of a Circuit Court :r :tOthat the number of jurors served with summonses to attend addit~onalsuch Court will be inadequate, having regard to the number;Uz:O:and the circumstances of the cases to be tried before suchbestruck.Court, he may at any time before the opening or duringthe sitting of the Court direct the Registrar of the SupremeCourt to strike and make up a further panel of jurors forsuch Court containing the names of such additional numberof jurors as may appear to the Judge to be required, and atthe time of so directing he shall ix a date (not .earlier thanthirty days from the date of the direction) as that on whichsuch additional jurors shall be required to attend the Court.

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112009S 8.

Panels o fjurors tobe usedalternately.2 1966S 4.

URY

(2) Upon directions being given under subsection (I),the Registrar of the Supreme Court shall strike and make upa further panel of jurors in accordance therewith and shallcause the jurors making up the panel to be summoned; andthe provisions of sections 16, 17, 18, 19 and 20 shall haveeffect in relation to such further panel and wrilt as if theywere the panel and writ referred to in those sictions, savethat for the reference to the number of jurors specified insection 17 there shall be substituted a reference to thenumber of jurors directed to be summoned under this

section.22. Where more than one panel of jurors has been struck for a

Circuit Court under section16-(a ) the panels of jurors for the Circuit Court ;hall be used

alternately or successively a s the case m a y b e each for aperiod of two weeks or such other period as thepresiding Judge may from time to time direct, until the

conclusion of the sitting of such ~ o l r t , nd thepersons whose names appear on the pankl in use forthe time being, shall in all cases attknd at suchCourt throughout the period during which such panel i sused, unless excused from doing so by order of theJudge;

(b) notwithstanding the provisions of (a) thejurors whose names appear on the panels) of jurors forthe C ircuit Court shall attend at such times, and, if thereis more than one sitting of the Circuit Court, at suchsittings, as the Registrar o r Clerk of the Cdurt may fromtime to time direct;

c) notwithstanding the provisions of section 1 6 a Judge ofthe Circuit Court may whenever he considers itexpedient to do so, transfer the name of any jurorappearing on any of the panels of jurors for such Courtfrom the panel on which such name appears to anyother of such panels.

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URY 15

2 3 . 4 1 ) Whenever at the commencement of, or during the Divisionsitting of, any Circuit Court it is intended to hold separate ~ ~Courts under section 3 1 of the Judicature Supreme Court) Act or morethe Registrar or Clerk of the Court shall, before the sittings :Ed,of the Courts, divide each of the panels of jurors as 211966nearly equally as may be between the Courts by drawing the S 4names of the jurors on such panel one by one by lot.

2) The respective portions so drawn shall in each case

constitute one of the panels of each Court:

Provided that whenever there is for any reason a shortage ofjurors in one Court, the Judge of that Court may utilize theavailable jurors fromany other Court.

3) The Judge of any court may, if he thinks fit, divide 711980into two or more sections, any panel of jurors returned tci that

S 15.

court and may excuse from attendance on such days as he mayspecify during the sitting of that court all of the jurors whosenames appear in any section.

Special Provisions Relating to Special uries

2 4 . 4 1 ) The Judge of a Circuit Court upon the application of Power toorder

the Director of Public Prosecutions or other Counsel appearing specialfor the Crown, or of the prisoner or his Counsel, in any case juryriminalnwhich by reason of the necessity to examine and consideraccounts or documents involves questions of unusual involvingcomplexity or difficulty, may, if he thinks fit, order a special ~2 :jury for the trial of such case.

2) Whenever the Judge orders a special jury for the trialof a case in accordance with the provisions of subsection 1)he shall at the same time fix a date not earlier than fifteendays from the date of such order) as the date on which suchspecial jurors shall be required to attend.

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Judge mayorder specialjury.

Appointmento f time andservice ofnotice o fstriking

special jury.1711980S . 17.

URY

3) Upon an order-being made under thiS section theRegistrar of the Supreme Court shall strike and make up apanbl containing the names of not less than twentb-five specialjurors taken from the jury list of the parish for which theCourt is to be held, so, however, that in the case of theCourt held for the parishes of Kingston and Saint Andrew suchnames shall be taken indiscriminately from the jury lists ofthose parishes.

(4) Immediately after the striking of such panel theRegistrar shall cause to be summoned the special jurorswhose names appear on such panel to attend the ;c ou rt on thedate fixed in accordance with the provisions of thi$ section, andthe provisions of sections 19 and20 shall heve effect inrelation to such panel as if it were the panel referr'ed to in thosesections.

I

(5) Whenever the case for which such kpecial jurorsare summoned shall not be tried on the day4 which theywere required to appear, the Judge may order that theyshall attend on such other day or days, from time to time, asmay appear to him to be necessary for the trial of the case.

25. Upon the application of either party to any civil casewherein issue in fact shall have been joined, an$, Judge of thesuprem e Court may order a special jury.

26.-- 1) The Registrar of the Supreme Court shall, onapplication made to him for that purpose, appoint a time for thestriking of the special jury before him, and a notice of theappointment shall be served by the applicant on the oppositeparty,-at least ten clear days before the day named for strikingthk special jury; and the Registrar shall, on ap pli~ at ion, urnishto either party the names of not less than twen$-one personsnamed as special jurors.

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JURY 17

2) At the time appointed the Registrar shall, in thepresence of the parties, strike out from the list of names of thespecial jurors such name as may be objected to by one or otherof the parties, beginning with the applicant, until the number isreduced to eleven.

3) If the appointment is attended by one party only, theRegistrar shall, upon being satisfied that the absent party isaware of the appointment, act for such absent party in reducing

the names of the special jurors to eleven.

4) The eleven persons so elected shall be the panel ofspecial jurors for the trial of the case at the then ensuing CircuitCourt.

27. [ epealed by Act of2009 1

28. Whenever the case for which the special jury has been New orderto strikestruck or summoned as aforesaid shall not be tried at thespec,a,

Court for which such special jury was so struck or summoned,~ u r y u n -necessary

it shall not be necessary to obtain a new order for strikingforanother, but the same may be struck and the jurors summoned, remanetas often as may be necessary on the original order. DO09S I I

29. If the party obtaining an order fails to strike the specialWhenspecial juryjury, or having struck the same, if.from any cause the jurors are

not sum moned, then the trial may be had before a jury other thanor sum-moned, casea special jury at the instance o f either party, o n such term s as the t be hear,

Judge shall deem just. before otherjury.7 980S 19 a) b).1DO09S 12

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8 URY

Whenspecial 30 When a person is summoned as >a special juror at anyjuror not toserve on other Court, he shall not be summoned, or liable to serve as a jurorjury. other than a special juror at the same Court; but save as afore-711980s. 20 a)@). said, no special juror shall be exempt from serving as a juror

other than a special juror.

Number o uryNumber 31.- 1) On trials on indictment for murder and treason,of jurors incriminal cases. twelve jurors shall form the array, ahd subject to the provi-

sions of subsection (3) the trial shall proceed before such jurors.

2) On trials on indictment before the Circuit Court forany criminal case, other than murder or treason, seven jurorsshall form the array.

(3) Where in the course of a criminal trial any memberof the jury dies or is discharged by the Court through illnessor other sufficient cause, the jury shall nevertheless, so long asthe number of its members is not reduced by more than one,be considered as remaining properly constituted for all the pur-poses of that trial, and the trial shall proceed and a verdict maybe given accordingly.

4) Where one juror has died or has been discharged asprovided for in subsection (3), the verdict of eleven jurors in atrial for murder or treason, or of six jurors in a trial formy otheroffence, shall be deemed to be a unanimous verdict of the jury,,and in the case of a trial- .

a ) for murder, a verdict of not less than nine jurors ofmanslaughter;

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JURY 9

(b) for murder committed in any circumstances other2412010than- S.2 b).

(i) those specified in section 2 1) (a) to V of theOffences Against the Person A ct; or

(ii) murder upon the conviction of which section3(1A) of the Offences Against the Person Actwould apply,

a verdict of not less than nine jurors of conviction oracquittal for murder; or

c ) for any offence other than murder or treason, a verdictof not less than five jurors,

may, in accordance with the provisions of section 44, bereceived and entered as a verdict of the jury.

3 2 . 4 1 ) In all civil cases the jury shall consist of seven Numberofpersons, and the verdict- jurors incivil cases.

(a ) where the jury consists of seven persons as aforesaid; or(b) where the number of jurors is reduced in the circum-

stances mentioned in subsection (2), .shall be that of five jurors at the least.

(2) Where in the course of a civil case a member of thejury dies or is discharged by the Court through illness' or hersufficient cause, the jury shall nevertheless, so long as the num-ber of its members is not reduced by more than one, be consi-dered as remaining properly constituted for all the purposes ofthat trial, and the trial shall proceed and a verdict may be givenaccordingly.

33.41) Every person arraigned for murder or treason shallChallenges.71 1980be allowed to challenge seven and no more of the jurors by wayS,23 a),

of peremptory challenge and without being subject to assign anycause therefor.

(2) Every person arraigned before the Circuit Court forany offence other than murder or treason shall be allowed to

challenge five and no more of the jurors by way of peremptory711980challenge and without being subject to assign any cause therefor.S.23 b).--


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2 URY

(3) The Crown shall not be permitted to require anyjuror to stand by, but instead thereof the Director of PublicProsecutions or the Deputy Director of Public Prosecutions orany Counsel appearing for the Crown shall be allowed tochallenge, in respect of every person arraigned, seven and no

711980 more in the case of murder or treason, or five and no more in23 a) b) any other case, of the jurors by w ay of peremptory challenge and

without being subject to assign any cause therefor.

4) Nothing in this section shall affect any right ofchallenge to the polls for cause, either on the part of theprosecution or of the defence, and every such challenge forcause, if objected to by the opposite party, shall be tried anddetermined by the Court without a jury, and the personchallenged shall be examined on oath, and shall be required toanswer on oath all lawful questions relating to the trial of thechallenge.

Foremanof 3 4 .- ( 1 ) W hen the jurors have been duly sworn they shallJury

appoint one of their number to be foreman. If a majority of thejury do not, within such time as the Judge may think reasonable,agree in the appointment of a foreman, he shall be appointed bythe Judge.

(2) The foreman shall preside at the meetings of the juryfor consideration of their verdict and may ask any informationfrom the Court that is required by the jury or any of the jurors.

Payment of Jurors

Payment of 3 5 . - ( 1 ) In a civil trial, each person who serves as a juror-jurors in civilcases. (a) shall be paid for each day or part of a day that the trial71 1980s.24. lasts, such sum as the Minister may, by regulationsL.N. prescribe; and7011 99 8

811999 (b) shall be entitled to be paid, in respect of his travelling toS.3(a). and from the place to which he is summoned, such suma s the Minister may, by regulations published in theGazette, prescribe.

(2) [Deleted by Act o f 999.1

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JURY 21

36.- 1) In all civil cases, the payments allowed as afore- Method ofpayment.

said, shall be provided by the party on whose application ,,,980the jury has been obtained, and paid to the Clerk of the S. 25 d.Court on each day before the case proceeds, and shall bepaid by him to each juror on the last day for which hisattendance is required.

costs in the cause.

coatsof2) In all civil cases, he amount so paid shall be apead

i U W71 1980S 25 b)B W.Payment

criminal

a) shall be paid for each day or part of a day that the 7 /19*0s. 26.trial lasts, such sum as the Minister may by regula- L.N.

71/1998.S/1999

tions prescribe; and

b ) shall be entitled to be paid, in respect of his S. 4 a) bJ.travelling to and from the place to which he issummoned, such sum as the Minister may, byregulations published in the Guzeire prescribe.

37.- 1) In all criminal cases, each person who SerVes as of urorpinc a 3 a

a juror-

2) [Deleted by Act 8 of 1999.1

Subsirlcnadl0waoCc.8.- 1) Where the taxing officer is satisfied that by

reason of-

a) the distance between the home of a juror andthe place to which he is summoned; or

6) the state of health of a juror; orc ) the means of communication between the home of

a juror and the place to which he is summoned;or

d the necessity for a juror to attend at Court uponmore than one day,

a juror in any criminal cause was necessarily absent fromhis home for more than one day by reason of his service. asa juror, the taxing officer may allow, in addition to any

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22 JURY

Fines.7/1980S. 27 (b).

811999S. 5 (a).

711980s 27 C).

sum payable to such juror under section 37 such furthersum as he is satisfied represents any reasonable expenditureactually incurred by the juror for lodging and necessarysubsistence during the period between his departure fromhis home to attend Court and his return to his home afterso attending Court.

2) For the purposes of th is section taxing officermeans-

(a) in respect of trials before the Circuit Court forthe parish of Kingston the Registrar of theSupreme Court or an officer deputed by him toact on his behalf;

b ) in respect of trials before the Circuit Court forany other parish the Clerk of such Circuit Court.

Fines on Jurors39.-(1) If any person having been duly summoned to

attend on a jury at any sitting of the Courts of this Islanddoes not attend in pursuance of such summons or havingbeen called thrice does not answer to his name or if any suchperson, after having been called is present but does notappear, or after his appearance refuses to serve or to besworn or WilfulIy withdraws himself from the presenceof the Court without leave of the Court and withoutreasonable excuse it shall be lawful for the Court toimpose upon him such fine, not exceeding two thousanddollars as to the Court may seem fit.

2) Any person who-a) having been summoned for jury service makes or

causes or permits to be made on his behalf a n yfalse representation with the intention of evadingjury service; or

b) makes or causes to be made on behalf of anotherperson who has been so summoned any false repre-me inclusion of h i s page is authorid by L.N. 3/2001]


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JURY 23

sentation with the intention of enabling that other per-son to evade jury service,

shall be liable on summary conviction before a Resident Magis-trate to a fine not exceeding four thousand dollars or to impri-811999sonment for a term not exceeding six months. s . s (~ ) .

40. No juror shall be liable to any penalty for non-attendanceJuror notI~able oon a jury, unless the summons requiring him to attend be dulypenalty

served twenty-one days at least before the day on which he isunlessrequired to attend, but no longer period than twenty-one days::::l neshall in any case be required between the service and such last-daysbeforementioned day. Court71 1980

28

4 1 .- (1 ) Where, pursuant to section 39, an order is madeProcedureimposing a fine upon any person in his absence, the proper:;z 'Ct'officer of the Court by which the fine was imposed shall forth-711980with cause that person to be served personally with a copy of theS 29

minute of such order and require him within fourteen days afterthe date of such service to forward to such officer the amount of

the fine or an affidavit giving an explanation of the conductwhich led to the imposition of the fine.(2) Such proper officer shall, upon the receipt of any

such affidavit, submit it to the Judge, Resident Magistrate orCoroner who presided at the time when the fine was imposed orthe Court which imposed the fine, and the Judge, ResidentMagistrate, Coroner or Court shall have power to remit thefine.

(3) Where an affidavit is forwarded by any person butthe fine is not remitted by the Court, the proper officer shallnotify that person accordingly and require him within fourteenday s of such notice to forward the am ount of the fine.

(4) Upon the failure of any person to forward the a-mount of the fine or affidavit, as the case may be, in accordancewith subsection (1) or (3), the proper officer shall issue in res-

pect of that person, a warrant of commitment for the recovery ofthe am ount of the fine in the form set out in ScheduleD.

(5) For the purposes of this section proper officermeans-

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24 URY

a ) in respect of the Circuit Court for the parish of King-ston, the Registrar of the Supreme Court or an officerauthorized by him to act on his behalf;

b ) in respect of the Circuit Court for any other parish, theClerk of such Circuit Court; or

c ) in respect of a Resident Magistrate s Court or Coroner sCourt, the Clerk of Courts.

Recoveryof 42. All penalties recovered under this Act shall be paid overpenalt~es711980 to the Accountant-General of the Island for the use of the Con-s 29 solidated Fund.

Miscellaneous

Tales 43 If the requisite number of jurors do not appear after all711 980s 29 just challenges allowed, the Court may add to the jury such

number of the bystanders, not disqualified or exempted by lawfrom se rving on juries, as shall be sufficient to m ake up the fullnumber thereof, so, however, that in the case of a Gecial jury,

the persons so added shall be selected from those persons inclu-ded in the jury panel for the same Court, if a suficient numberof such persons can be found; and the persons so added to thejury shall serve under pain of the sam e penalty, be entitled to thesame payments and be subject to the same challenges as if theyhad been returned upon the jury panel.

Verd~ct fjury 4 4 . - 4 1 ) On trials on indictm ent for-In cr ~m ~n alcases a ) murder comm itted in any of the circumstances specified24120 10S 3

in section 2 l ) a ) o V of the ~ f f e n c e s k ~ a i n s the Per-son Act, or murder upon the conviction of which sec-tion 3 1A)of that Act w ould apply; or

b ) treason,

the unanimous verdict of the jury shall be necessary for the con-viction or acquittal of any person for such murder or treason.

1 A ) On trials on indictment for murder not fallingwithin subsection l ) a ) ,after the lapse of two hours from theretirement of the jury a verdict of a m ajority of not less than nineto three, of conviction or acquittal of any person for such mur-der , may be received by the Court as the verdict of the jury.

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JURY 25

2) On a trial on indictment for murder, after thelapse of one hour from the retirement of the jury a verdictof a majority of not less than nine to three of conviction ofmanslaughter, or of acquittal of manslaughter, may bereceived by the Courtas the verdict of the jury.

3) On trials on indictment before the Circuit Courtfor offences other than murder or treason, the verdict ofthe jury may be unanimous, or a verdictof a majority ofnot less than five to two may, after the lapseof one hourfrom the retirement of the jury, be received by the Courtas the verdict of the jury.

4) Whenever the verdict of the jury is not unani-mous the Judge may direct the jury to retirefor furtherconsideration.

.-(I) It shall be lawful for the Judge, on being Dipchargeof jury in

satisfied that there is no reasonable probability that thecriminaljury will arrive at a verdict, to discharge the jury at any E B s ~ ,time after the lapse of one hour from the first retirementof the jury.

2) In cases of necessity such as when a juror istaken ill during any trial and the number of its membersis reduced by more than one, ora prisoner is by illness orother sufficient cause incapable of remaining at the bar,or for other cause deemed sufficient by the Judge, theJudge m ay discharge the jury.

3) Whenever a jury have been discharged, theJudge may adjourn the case for trial at the same sittingof the Circuit Court or at a future sitting of the CircuitCourt, and at the subsequent trial the case shall be triedbefore another array of jurors and the Judge may in hisdiscretion excuse from such array any juror whotook partin the previous trial.

_ _ _ ~ _ _ _ ~ _ ~~

~~

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26

Refresh-ment for,UKIlS.

Power tpermitjury toseparate.

IUR

46.41) It shall be lawful for the Court in l l cases, inits discretion, to allow the jurors, at any time beforegiving their verdict, to procu re and have reasonab le refresh-ment, such refreshment t o be procured at their own expense,unless the C ourt ord ers otherwise.

2) Where any order has been made by the Courtunder this section, the costs of any refreshment suppliedthereunder shall be paid by the officer charged with thepayment of witnesses expenses, and shall be chargedagainst moneys voted for the payment of such expenses.

4 7 . 4 1 ) Upon the trial of any person for any offencebefore the Circuit Court, the Court may, if itthinks fit,at any time before the jury consider their verdict, permitthe jury to separate and go at large; and for the purposeof exercising such discretion, the Court may permitanapplication to be made either before or during the trialand either in open Court or in Chambers.

(2) Whenever the jury have not been permitted toseparate and go at large, proper provision shall be madefor preventing the jury from holding communication withany person:

Provided that it shall be lawful for the Judge, forsufficient cause shewn to his satisfaction, to allow one ormore of the jurors to separate from the other jurors, butnot so as to hold communication with other persons exceptwith the leave of the Court, so, however, that the jurorsallowed to separate shall remain in the chargeof one ofthe persons to whose charge they are committed.

(3) Whenever the jury have not been permitted toseparate and go at large, or have retired to consider theirverdict, the Judge may give such directions as he maythink fit with respect to their accommodation, custody,and refreshment.

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IURY 21

48. No challenge to the array shall be allowed, nor Chdmget o the

shall the anay be quashed, nor shall any judgment afterverdict upon any indictment or information for any felonyor misdemeanour be stayed or reversed by reason of theneglect or default of any officer to do or perform any ofthe foregoing acts or requirements in relation to thepreparation of the jury lists, or in the making of the jurypanels aforesaid.

49, On the trial of any criminal or civil case, in any BdlOlfmury InCircuit Court, the jury to be impanelled for the trial shall mit

be balloted for by the Registrar, or Clerk, or any otherofficer of the Court, subject to all rights of challenge.

50. The powers granted to the Court or a Judge by the Savingofprovisions of this Act shall be without prejudice to the powsnofinherent powers of the Court or a Judge in trials by juryor to the practice of the Courts.

51.-Rules of Court may be made prescribing the RUICS.manner in which jurors are to be summoned and to be i eselected from the panel.

52.-The Minister may make regulations generally for oegiving effect to the purposes and provisions of this Act and 7/1980in particular, but without prejudice to the generality of theforegoing, may make regulations prescribing-

a ) the form and number of any list required for thepurposes of this Act and the particulars to be in-eluded in such list;

6 ) the payment of travelling expenses to the jurorsin civil and criminal cases.

court.

tbhcrent

1.

m inclusion of this page s authorized by LN. 17 1982]


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28

5 1 1 9 6 8S . 3 Sch.(a) and b).

1511962S. 35, Sch.7/1980S. 32 1).L.N.5 0 1 1 9 ~ .

51 I968s. 3, sch

C )L.N.741 1971.

711980S. 32 I).

711480s 32 1).

LN.5011981

JURY

SCHEDULE A (Section 2)

List of Persons Exempt f rom Serving on Juries

Members and spouses of members of the Privy Council. Cabinet.Senate and House of Representatives.

Judges and spouses of Judges of the CO W of Appeal, Judges andspouses of Judges of the Supreme Court, the Master in Chambers andt h spouse of the Master in Chambers, thz Registrar and spouse of theRegistrar of the Supreme Count udges and spouses of Judges of t b eFamily Court, Judges and spouses of Judges of the Traffic ourt andResident Magistrates and spouses of Resident Maastrates.

Custodes of parishes.

The Mayor and Deputy Mayor of the Kingston and Saint AndrewCorporation, Mayors and Deputy Mayors or chairmen and vice-chairmen of Parish Councils, Coundllors of the Kingston and SaintAndrew Corporation and of the Parish Councils.

Officers holding appointments and meiving salaries in the publicservice of Jamaica.

Attorneys-at-law in actual practice.

Ministers of religion, following no secular occupation.

Medical praotiaioners in actual practice.

Secretaries of Parish Councils.

School teachers.

Teachers in-

a) the University of the West Indies, the College of Arts, Scienccand Technology or Teachers Training Colleges; or

b) any institution providing higher education of a standardcomparable to that provided by the institutions specised in

Persons engaged in a supervisory or technical capcity in any busi-ness concerned m the operation of commercial aircraft

Masters or captains of vessels actually serving as such.

Pilots legally appointed and actually sewing as such.Lighthouse keepers.

Wharikgcrs within the meaning of the interpretation section of the

U ) that the exemption extends to one person only in respect ofeach public wharf, and

paragraph d.

Wharfaee Act, subject to the following conditions-

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URY 29

b) that the person claiming the exemption shall claim the same bynotice in writing under his hand addressed to the Clerk of theCourts of the parish in which the public wharf is situated,and delivered to him on or before the first day of August ineach year.

Dental practitioners registered under the Dental Act.

Veterinary Surg eons registered under the Veterinary Act. 1811975S. 19.

Registered Pharmacists dispensing drugs and poisons under the P harmac yAct.

Com monw ealth citizens performing diplomatic or consular duties. 5111968S. 3. Sch.

Officers, non-commissioned officers and men of the Regular Force and 5111968Reserve Force of the Jamaica Defence Force. S. 3 Sch.

g) .Superintendent of Roads and Works.

Inspectors o f Poor.

City Engineer.

Persons registered under the Professions Supplementary to Medicine 711980Act. S. 32 I) .

Persons registered under the Nurses and Midwives Act.

Persons enrolled as students in any school, college, university or otherinstitution o f learning.

The Director of Elections, members of staff of the Electoral Office and L.N.other em ployees of the Electoral Advisory Comm ittee. 5011981.

SCHEDULE B [ epealed by ct 1 of2009 1

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Section 19

J A M A I C A ,.S.

URY

SCHEDULE C

Fortn of Summons to Juror I

Parish of

You are hereby required to be and appear at Her Majesty's nextCircuit Court, in and for the parish of obe holden at the Court House at on the' dayof ensuing, at o'clock in the forenoon, there to

serve as a Special or other) Juror, and not to depart without leave of theCourt, or in due course of law. Hereof fail not at your peril.

If you make default in attendance in pursuance to this summonswithout some reasonable excuse, you will render yourself liable to afine of 2,000.

Dated this day of i 19

(Signed)Registrar of the Supreme Court1

holden atForm of Sworn Return of Service of Jurors for the Circuit Court to be

on the 1

day of 19

JThe inclusion of this page is authorized by L N l U R l l l

No.

1

2

(to 80,50 ,or asthe casemay be)

Name ofjurors

Address Descrip-tion

Date ofservice

By whomserved/

I

I

I

Remarks


30/31

JURY 3

JAMAICA, .S.

Parish of

We, respectively, of theparish of being duly sworn, make oath 1412009and say, that the abovenamed jurors were respectively served by S 14 b)as set opposite to our names.

Sworn to before me, , atthis day of 1 9

Signed)

Justice of the Peace,parish of

SCHEDULE D Section 4 )

Warrant of Commitment where fine is not paid 71 980S. 33.

Whereas-

1 ) A.B. of was on the da te of serviceof summons) duly summoned to serve as a juror in theCourt) in and for the parish of ; nd

2) on the date of imposition of fine), pursuant to section 39of the Act, an order was made by the Court) imposing a

fine of [ dollars, ] upon him; and3 ) a copy of the minute of such order was duly served upon him

requiring him to forward the amount of the fine or an affidavitpursuant to section4 but-

[ a ) he has rehs ed or neglected to obey the same;]or

[ b) having forwarded an aff~davit ursuant to section41he has been notified that the fine has not beenremitted by the Court but he has nevertheless omittedto pay the fine;]

These therefore are-

A) to command you, the said Constables, unless the said fine besooner paid, to take the said A.B. and convey him safely to theprison or lock-up)as aforesaid and there to deliver him to the

[The inclusion of this page is authorized by LN 23RO


31/31

Superintendent or other head officer) together with lhis precept;and

B) to command you, the said Superintendent or other head officer). of the said prison o r lock-up) to receive the saib A.B. into

your custody in the said prison or lock-up) there to imprisonhim for the space of unless thle amount ofthe said fine shall sooner be paid to you,

and for your so doing this shall be your sufficient warrant.

Given under my hand thisin the parish aforesaid.

Registrar, Supreme Court)

day of

Clerk of the C ircuit Courtfor the parish of 1

Clerk of the Courts for theparish of 1.

To each and all of the Constables of nd to theSuperintendent or other head officer) of the prison or lock-up)at

jury act jamaica.pdf

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