Juries
Jury Act 1995 (Qld)
Judges decide questions of law. Jury decides questions of fact (see summing up).
Right to jury outlined in s 604 Criminal Code - subject to provisions regarding judge-alone trials.
Juries are made up of 12 persons (s 33 Jury Act).
They are randomly selected from jurors' lists (ss 26, 41 Jury Act).
Prosecution and defence can each make 8 peremptory challenges and any number of challenges for cause (ss 42-43 Jury Act)
There is special procedure available in Queensland to Challenge Juror's for Cause under s 47 Jury Act. This procedure was used successfully where there were concerns about prejudicial pre-trial publicity in R v Patel (No 4) [2013] QSC 62.
Right to jury outlined in s 604 Criminal Code - subject to provisions regarding judge-alone trials.
Juries are made up of 12 persons (s 33 Jury Act).
They are randomly selected from jurors' lists (ss 26, 41 Jury Act).
Prosecution and defence can each make 8 peremptory challenges and any number of challenges for cause (ss 42-43 Jury Act)
There is special procedure available in Queensland to Challenge Juror's for Cause under s 47 Jury Act. This procedure was used successfully where there were concerns about prejudicial pre-trial publicity in R v Patel (No 4) [2013] QSC 62.
Jurors swear an oath to give a true verdict, according to the evidence (s 50 Jury Act).
It is an offence for jurors to make their own inquiries outside the trial (s 69A Jury Act). Juror's are not permitted to disclose anything about the jury's deliberations - it is an offence to breach the confidentiality of the jury room (s 70 Jury Act). For further information about juries see: Jodie O'Leary. "Who’s Who in the Legal Zoo: The Jury" The National Legal Eagle 17.2 (2011).
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