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Final Report - Law Reform Commission of Western Australia - The ...

Final Report - Law Reform Commission of Western Australia - The ...

Final Report - Law Reform Commission of Western Australia - The

Selection, Eligibility andExemption of JurorsFINAL REPORTProject No 99April 2010Law ReformCommission ofWestern Australia

  • Page 2 and 3: The Law Reform Commission of Wester
  • Page 4 and 5: ivLaw Reform Commission of Western
  • Page 6 and 7: viLaw Reform Commission of Western
  • Page 8 and 9: and writing continue to set an exce
  • Page 10 and 11: ContentsIntroduction 3Terms of refe
  • Page 12: This Final Report is presented in s
  • Page 15 and 16: Juries in Western AustraliaJJURY tr
  • Page 17 and 18: to prevent Aboriginal people from s
  • Page 19 and 20: trial or with the victim of the cri
  • Page 21 and 22: Chapter TwoThe Juror Selection Proc
  • Page 23 and 24: Selecting and summoning jurorsCCHAP
  • Page 25 and 26: Recommendation 1Remove requirement
  • Page 27 and 28: evidence to the presiding judge to
  • Page 29 and 30: that a study conducted by the Crown
  • Page 31 and 32: these applications may not necessar
  • Page 33 and 34: parties’ perception of fairness a
  • Page 35 and 36: gender or occupation. For example,
  • Page 37 and 38: Although recognising that the pract
  • Page 39 and 40: What information should be availabl
  • Page 41 and 42: Further, the Western Australia Poli
  • Page 43 and 44: number of recommendations in this R
  • Page 45 and 46: address these broader issues. The C
  • Page 47 and 48: Chapter ThreeLiability for Jury Ser
  • Page 49 and 50: Liability to serve as a jurorSSECTI
  • Page 51 and 52: Age (years)Juror statusWA 65 to 69
  • Page 53 and 54:

    an open-ended age limit with a syst

  • Page 55 and 56:

    Chapter FourEligibility for Jury Se

  • Page 57 and 58:

    Eligibility for jury serviceUUNDER

  • Page 59 and 60:

    of the Parliamentary Inspector of t

  • Page 61 and 62:

    Categories of occupational ineligib

  • Page 63 and 64:

    legislative provision to appoint ma

  • Page 65 and 66:

    Commission must have, before appoin

  • Page 67 and 68:

    the latter category: under the Juri

  • Page 69 and 70:

    can never overcome this perception

  • Page 71 and 72:

    above, this risk is present in any

  • Page 73 and 74:

    their employment (or otherwise) the

  • Page 75 and 76:

    The Commission received 11 submissi

  • Page 77 and 78:

    Not every individual will be able t

  • Page 79 and 80:

    In its submission supporting the pr

  • Page 81 and 82:

    Officers and employees of the Depar

  • Page 83 and 84:

    aspects of the role of the ombudsma

  • Page 85 and 86:

    The Department for Child Protection

  • Page 87 and 88:

    Chapter FiveQualification for Jury

  • Page 89 and 90:

    Qualification for jury serviceIIN t

  • Page 91 and 92:

    As the Commission observed in its D

  • Page 93 and 94:

    The DPP also addressed sentence len

  • Page 95 and 96:

    category, the DPP expressed concern

  • Page 97 and 98:

    Traffic offendersA far more difficu

  • Page 99 and 100:

    For ease of reference, the Commissi

  • Page 101 and 102:

    easily detected and relieved of the

  • Page 103 and 104:

    should help to reduce any embarrass

  • Page 105 and 106:

    Recommendation 50Statistics in rela

  • Page 107 and 108:

    However, in its submission, the OMI

  • Page 109 and 110:

    ecause in order to be liable for ju

  • Page 111 and 112:

    or disability, such as may be drawn

  • Page 113 and 114:

    sheet to notify carers, guardians a

  • Page 115 and 116:

    the provision of sign language inte

  • Page 117 and 118:

    Chapter SixExcused from Jury Servic

  • Page 119 and 120:

    Excused from jury serviceIIN the pr

  • Page 121 and 122:

    Excuse as of rightCCURRENTLY, in We

  • Page 123 and 124:

    then they must usually arrange for

  • Page 125 and 126:

    Excuse for good causeApersonsummone

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    The Application ProcessCurrently, a

  • Page 129 and 130:

    Suggested examples of issues that c

  • Page 131 and 132:

    A right of reviewIn its Discussion

  • Page 133 and 134:

    is based upon the nature of the act

  • Page 135 and 136:

    y submissions concerned the criteri

  • Page 137 and 138:

    Chapter SevenAllowances, Protection

  • Page 139 and 140:

    Juror allowancesIINADEQUACY of remu

  • Page 141 and 142:

    potential pool’ of jurors. 22 The

  • Page 143 and 144:

    Protection of employmentJJURIES leg

  • Page 145 and 146:

    in the joint courts’ submission d

  • Page 147 and 148:

    Penalties for failure to complywith

  • Page 149 and 150:

    Manager expressed strong support fo

  • Page 151 and 152:

    duties under the Juries Act. 37 Suc

  • Page 153 and 154:

    Appendices145

  • Page 155 and 156:

    Appendix A: List of recommendations

  • Page 157 and 158:

    2.That the Western Australian Elect

  • Page 159 and 160:

    20RECOMMENDATION 20_ ______________

  • Page 161 and 162:

    32RECOMMENDATION 32________________

  • Page 163 and 164:

    1. Has in the past 10 years been th

  • Page 165 and 166:

    (ii) a Pre-Sentence Order under the

  • Page 167 and 168:

    54RECOMMENDATION 54________________

  • Page 169 and 170:

    61RECOMMENDATION 61________________

  • Page 171 and 172:

    66RECOMMENDATION 66________________

  • Page 173 and 174:

    Appendix B: List of submissionsSubm

  • Page 175 and 176:

    Appendix C: List of people consulte

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