Jury Act

Link to law: http://www.moj.gov.jm/laws/jury-act

JURY

THE JURY ACT
ARRANGEMENT OF SECTIONS

1. Short title.

Qualifcation of Jurors

2. Qualifications of jurors.
3.
4. Repealed by Act 7 of 1980

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.
1 1. 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 ofjurors 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. 1
21. Power of Court to order additional panel ofjurors to be struck. 1
22. Panels ofjurors to be used alternately.

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JURY i
23. Division of pane'ls where two or more Courts are held. i

Special Provisions Relating to Special Juries

24. Power to order special jury in criminal cases involving I accounts
or documents. I

25. Judge may order special jury. I
26. Appointment of time and service of notice of striking special jury.

27. [Repealed by Act 1 of 2009.1 1
28. New order to strike special jury unnecessary forremanet.

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

common jury. I 1
30. When special juror not to serve on common jury. I

I

Number of Jury !

3 1. Number of jurors in criminal cases.

32. Number ofjurors in civil cases.

33. Challenges. i
34. Foreman of jury. I

Payment ofJurors 1
1

35. Payment of jurors in civil cases. I

36. Method of payment.

Costs of special jury. I
37. Payment ofjurors in criminal cases.

38. Subsistence allowance.

Fines on Jurors
i >

39. Fines. I
40. 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

Miscellaneous
43. 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 Court
50. saving of inhemt powers of court.
51. Rules.
52. Regulations.

SCHEWLES

JURY 5

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

11 of 1962, 1 of 1979

THE JURY ACT* 15 of 1962 1st Sch., S. 35. 7 of 1980,
Acts 3 of 1981.

[7th July, 1898.1 Of 1962 1 of 1987,
S. 16, 28 of 1987,

2 of 1966. 10 of 1989.
42 of1969 8 of 1999,

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

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

QualiJication of Jurors
2 . 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 and
liable 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 ~ of the
Revenue 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 an
offence; or

(6) 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
People (Interim Electoral Reform) Act.

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6

Schedule A.

Finality of
jury lists.
711 980
S . 4.

JURY

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 exempt
from jury service, and their names shall not be inserted in the
jury 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 and
subject to section 18, no person qualified to serve shall be
exempt from jury service.

3. [Repealed by Act 7 of 1980.1
4. [Repealed by Act 7 of 1980.1
5. [Repealed by Act 7 of 1980.1
6.-31) No person whose name is on the jury list as a juror

shall be entitled to be excused from attendance at court on the
ground of any disqualification or exemption, othei than illness, ,
not claimed by him at or before the final settlement of the list as
hereinafter provided; but a .Judge, Resident Magistrate or
Coroner may excuse any person if satisfied that-

(a) that person is disqualified or is entitled ,to exemption
under any provision of this ~ ' c t ; or

(b) on application by that person or; in the case' of an
employed person, his employer, such attendance will
result in undue financial loss or hardship; or ,

(c) such person, for reasons which appear sufficient to.the
Judge, Resident Magistrate or Coroner, should be
excused.

(2) No verdict or finding in any proceedings, whether
civil or criminal or a Coroner's inquest, shall be invalidated by
reason only of the fact that a person didqualified or exempt from
so serving, served on the jury in those proceedings.

Making up of Jury Lists . 1
Making 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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JURY 7

forward to the Chief Oficer o f Police in each parish, in such 711980
S 5 form 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 the
current official list o f electors for elections to the House of 311981 . . >
Representati-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 required
by or pursuant to this Act in respect o f each such person.

1 0

(2) The ~egistration Authority (as defined by section 170 112009
of 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 Chief
Officer o f Police in each parish, printed copies o f a list
containing the names in alphabetical order o f persons in that
parish who are registered under section 1 7 ~ o f the Revenue
Administration Act (excluding persons who appear to it to be
not qualified for, or exempt from, jury service ~ursuant to
section 2).

(3) The lists referred to in subsection (4) shall be in such I12009
form and, in such numbers as may be prescribed, and shall s

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

(4) 'The Chief.Officer of Police in each parish shall for- 311981
s 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 2811987
Director o f Elections appointed under that Act. s 2

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

8. The Custos o f each parish shall select a number o f Justices special
in the parish to constitute a special panel for the purpose of yfz
settling the jury list for that parish. be chosen

by Custos
71 1 980
S 5

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JURY 1

Hold~ng of
Spec~al
Peny Ses-
slon for
provis~onal
settlement
of J U ~ Y
119.
711980
S 5

Correction
of lists in
Special
Pew
Sessions.

9.-(1) The Resident Magistrate in each parish shall summon
from the special panel of Justices aforesaid such 'number of
Justices as he considers necessary for the purpose of settling the
jury list for that parish; and the Resident Magistrate and the
Justices attending pursuant to such summons shall in kach parish
constitute a Special Petty Session and are hereinafter; referred to
as "the Justices". !

(2) Such Special Petty Session as aforesaki for each
parish shall be held on the third Thursday in May in each
prescribed year at the Court House for the parish bt the head
station thereof for the purpose of provisionally settl)ng the jury
list; and the Resident Magistrate shall preside at each such
Special Petty Session. t

(3) At such Session, it shall be the duty of the Chief
Officer of Police to attend, and to produce then and there copies
of each list forwarded pursuant to section 7, verified and
corrected as to the particulars contained therein, according to the
best information which he has been able to obtain, and to answer
upon oath such questions concerning the same as shall be put to
him 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 for
the purpose of completing the provisional settlement of the jury
list.

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 to
serve on juries, or to be dead, or disabled by mental
incapacity, deafness, blindness, or other permanent
infirmity 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, or
are able to obtain, is possessed of the qualifications
required by this Act, and liable to serve on a jury;

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

I

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JURY 9

11. The list, after such omissions, additions and corm- F$%w
tions have been made, shall be allowed by the Justices zoc,aon
present, 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 of
August in each prescribed year, cause a copy thereof to be 1 ) 1 ~
displayed in a conspicuous place in each Court House and
Police Station within his parish, having first subjoined to
every such copy a notice stating that all objections to the list
will be heard by the Justices at the Court House at the head
station of the parish on the third Thursday in August at
ten o’clock in the forenoon, to the end that notice may be
given of persons qualified, who are omitted, or of persons
inserted, who ought to be omitted from such list.

4.

12.41) The Justices in every parish shall hold a further
p m r Special Petty Session at the Court Hwse at the head ;r y

station thereof, on the third Thursday in August at ten letflcmcot
o’clock in the forenoon in each prescribed year, at which the
chief Officer of Police shall attend and produce the original s. 8 (a) B (b)
list allowed by the Justices and the Justices shall correct
such errors (either in the names, addresses or occupations) 3,19B1
as 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 to
the list, and shall also select therefrom the names of
such persons as in their judgment are best fitted to serve
as special jurors (in each of the parishes of Kingston and
St. Andrew one hundred and fifty in number and in each
of the other parishes of the Island not more than one
hundred in number), and cause to be written opposite every
name 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 of
any other abbreviation of the words “special juror”, indicat-
ing that the Justices have selected as a special juror the

10

11/1962
s. 2.

7/1980 s. 8 (c).

Find
rdUerncot
and traos-
mission of
jurylist to
Supreme
Court.
7/1YJo s. 9.
111987
s. 5

3/1981 s 5.

Persons
whose

appear on
list to be
inron for
the parish.
111987
S. 6.
711980
S. 10 (a)

@I.

MUlP

JURY

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

Provided further that no jury list settled for a parish
under this section shail be invalidated by reason of the fact
only that the aggregate number of persons selected to serve
as special jurors for the parish may be greater or less than
the number required by this section to be so selected.

(2) The Special Petty Session may from time to time
be adjourned to such extent as may be necessary for the
purpose of completing the End settlement of the jury list.
13. After finally settling the jury list as aforesaid, the

Justices present shall certify in writing on each of two copies
ot such list that they have examined it, and that the list is, to
the best of their knowledge and belief, a true and proper jury
list; and their decision as to the qualifications of the persons
in the list shall, as respects that list, be final. A copy of the list
so certified shall be delivered to the Clerk of Courts of the
parish to be retained by him, and the other copy shall be
delivered to the Chief Officer of Police, who shall forth-
with transmit the Same to the Registrar of the Supreme
Court, for preservation by him as part of the records of
such Court, at the same time attesting on oath his receipt of
the copy of the list from the Justices as aforesaid, and that no
alteration 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 of
the Supreme Court shall, as regards those opposite to whose
name are written the words “special juror”, or the letters
“S.J.” or either of them, or any other abbreviation of the
words “Special Juror”, be the special jurors, and as regards
the remainder, be the other jurors qualified and liable
to Serve on the jury for such parish for the ensuing year,
and for edch year thereafter until the formation of a new
jury list.

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JURY I I

15. No alteration, addition or omission shall be made by the Noaltera-
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 111987
delivered to him pursuant to section 13, under a penalty not S.7.
exceeding two hundred dollars for every such alteration,
addition or omission.

0
1 6 . 4 1 ) The Registrar of the Supreme Court shall strike and Reg~strar

make up such number of panels of jurors as he considers r':;:
necessary for the trial of cases at the sitting of each Circuit 111987
Court. S 8.

(2) [Deleted by Act I of 2009.1

1 7 . 4 1 ) Every panel ofjurors to be struck and made up for a Numberof
Circuit Court shall contain the names of such number of jurors, E,":kSon
not being less than seventy nor more than one hundred, as the 211966
Registrar of the Supreme Court may consider necessary having S 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 in
the case of the Court for the parishes of Kingston and St.
Andrew the jurors shall be taken indiscriminately from the jury
lists of those parishes, and it shall not be necessary to take any
particular number of jurors from the list of either one of such
parishes.

18. In making panels of jurors, the Registrar shall not place Maklngup
of panels any juror on the panel a second time, until all the jurors sot,at

have been placed once on the panel, and the Registrar shall Jurorsmay
make up the panels so that all jurors shall be summoned rz-
equally:

Provided that-

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

equally
711980
S. 13.

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(b) any Judge of the Supreme Court; sittindC.in a Circuit
Court, or any Coroner sitting in a coroner's inquest,
may exempt the jurors seiving on any particular
occasion, from being placid on the list o f jurors for

I such time as the Judge or Coroner, i s the case may be,
shall think fit. " 1

I "

(2) Any such summbns may be served . . upon any
person- I

I

Service of
summons.

1 9 . 4 1 ) The ~ e ~ i s t r a r shall cause to be served i n each of the
71 1980 jurors whose naqes are contained in the panel made up pursuant

0
s. 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 summons
schedule C. provided in Schedule C.

(b) by delivering it to a person apparently o?er the age of
t

sixteen years and residing at the last or usual place of
-abode or place of business of the berson .being

I

I summoned; or I

in the form

(c) by posting i t by' registered letter lpost/ addressed to
him at his last or usual place of abode or place of
business. !

1
I

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

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

0
who despatched it.

(5) Any summons served in the manner! prescribed by
subsection (2 ) (b) shall be deemed to be duly served unless the
contrary is proved.

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i

JURY 13

(6) The Registrar of the Supreme Court may, in relation rnm
to such parishes as he considers necessary or desirable, arrange S. 6(C)(').
for the service of summonses by Bailiffs or Assistant Bailiffs
of Resident Magistrates' Courts or by constables or such 10009
other persons as the Registrar considers fit who, in relation S. 6(c)(ii). +

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

20 .41 ) In the case of Circuit Courts, other than the Registrar
Circuit Court for the parishes of Kingston and St. Andrew, jR;(Gto
the Registrar shall, not less than ten days before the day Registrar

and 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 Clerk
thereof.

(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 of
the Supreme Court, together with all other relevant records, the
list of the names of the jurors forming the panel for that Inow
Court. 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':tO
that the number of jurors served with summonses to attend addit~onal
such Court will be inadequate, having regard to the number ;Uz:O:
and the circumstances of the cases to be tried before such bestruck.
Court, he may at any time before the opening or during
the sitting of the Court direct the Registrar of the Supreme
Court to strike and make up a further panel of jurors for
such Court containing the names of such additional number
of jurors as may appear to the Judge to be required, and at
the time of so directing he shall fix a date (not .earlier than
thirty days from the date of the direction) as that on which
such additional jurors shall be required to attend the Court.

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14

112009
S. 8.

Panels of
jurors to
be used
alternately.
21 1966
S. 4.

JURY I

(2) Upon directions being given under subsection (I),
the Registrar of the Supreme Court shall strike and make up
a further panel of jurors in accordance therewith and shall
cause the jurors making up the panel to be summoned; and
the provisions of sections 16, 17, 18, 19 and 20 shall have
effect in relation to such further panel and wrilt as if they
were the panel and writ referred to in those sictions, save
that for the reference to the number of jurors 'specified in
section 17 there shall be substituted a reference to the

0
number of jurors directed to be summoned under this
section.

I

22. Where more than one panel of jurors has been struck for a
Circuit Court under section 16- I

(a) the panels of jurors for the Circuit Court ;hall be used
alternately or successively as the case maybe each for a
period of two weeks or such other period as the
presiding Judge may from time to time direct, until the
conclusion of the sitting of such ~ o l r t , and the
persons whose names appear on the pankl in use for
the time being, shall in all cases attknd at such
Court throughout the period during which such panel is
used, unless excused from doing so by order of the
Judge;

I

(b) notwithstanding the provisions of (a) the
jurors whose names appear on the panels) of jurors for
the Circuit Court shall attend at such times, and, if there
is more than one sitting of the Circuit Court, at such
sittings, as the Registrar or Clerk of the Cdurt may from
time to time direct; I

(c) notwithstanding the provisions of section 16 a Judge of 0
the Circuit Court may whenever he / considers it
expedient to do so, transfer the name of any juror
appearing on any of the panels of jurors for such Court
from the panel on which such name appears to any
other of such panels. I

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JURY 15

2 3 . 4 1 ) Whenever at the commencement of, or during the Division
sitting of, any Circuit Court it is intended to hold separate ~ ~ ~ f ~ o
Courts under section 3 1 of the Judicature (Supreme Court) Act or more
the Registrar or Clerk of the Court shall, before the sittings :Ed,
of the Courts, divide each of the panels of jurors as 211966
nearly equally as may be between the Courts by drawing the S.4.
names 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 of
jurors in one Court, the Judge of that Court may utilize the
available jurors fromany other Court.

(3) The Judge of any court may, if he thinks fit, divide 711980
into two or more sections, any panel of jurors returned tci that S. 15.

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

Special Provisions Relating to Special Juries

2 4 . 4 1 ) The Judge of a Circuit Court upon the application of Power to
order the Director of Public Prosecutions or other Counsel appearing special

for the Crown, or of the prisoner or his Counsel, in any case jury criminal
which by reason of the necessity to examine and consider ,
accounts or documents involves questions of unusual involving
complexity 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 trial
of a case in accordance with the provisions of subsection (1)
he shall at the same time fix a date (not earlier than fifteen
days from the date of such order) as the date on which such
special jurors shall be required to attend.

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Judge may
order special
jury.

Appointment
o f time and
service of
notice o f
striking
special jury.
1711 980
S. 17.

JURY

" (3) Upon an order-being made under thiS section the
Registrar of the Supreme Court shall strike and make up a
panbl containing the names of not less than twentb-five special
jurors taken from the jury list of the parish for which the
Court is to be held, so, however, that in the case of the
Court held for the parishes of Kingston and Saint Andrew such
names shall be taken indiscriminately from the jury lists of
those parishes.

(4) Immediately after the striking of such panel the
Registrar shall cause to be summoned the special jurors
whose names appear on such panel to attend the ;court on the
date fixed in accordance with the provisions of thi$ section, and
the provisions of sections 19 and 20 shall heve effect in
relation to such panel as if it were the panel referr'ed to in those

I
sections.

I

(5) Whenever the case for which such kpecial jurors
are summoned shall not be tried on the day 04 which they
were required to appear, the Judge may order that they
shall attend on such other day or days, from time to time, as
may appear to him to be necessary for the trial of the case.

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

26.--(1) The Registrar of the Supreme Court shall, on
application made to him for that purpose, appoint a time for the
striking of the special jury before him, and a !notice of the
appointment shall be served by the applicant on the opposite
party,-at least ten clear days before the day named for striking
thk special jury; and the Registrar shall, on appli~ation, furnish
to either party the names of not less than twen$-one persons
named as special jurors. I

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JURY 17

(2) At the time appointed the Registrar shall, in the
presence of the parties, strike out from the list of names of the
special jurors such name as may be objected to by one or other
of the parties, beginning with the applicant, until the number is
reduced to eleven.

(3) If the appointment is attended by one party only, the
Registrar shall, upon being satisfied that the absent party is
aware 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 of
special jurors for the trial of the case at the then ensuing Circuit
Court.

27. [Repealed by Act 1 of2009.1

28. Whenever the case for which the special jury has been New order
to strike struck or summoned as aforesaid shall not be tried at the spec,a,

Court for which such special jury was so struck or summoned, ~uryun-
necessary it shall not be necessary to obtain a new order for striking for

another, but the same may be struck and the jurors summoned, remanet
as often as may be necessary on the original order. 1 DO09 S. I I .

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

not summoned, then the trial may be had before a jury other than or sum-
moned, case a special jury at the instance of either party, on such terms as the to be hear,

Judge shall deem just. before other
jury.
711 980
S. 19(a)(b).
1 DO09
S. 12.

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18 JURY

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

other than a special juror.

Number of Jury
Number 31.-(1) On trials on indictment for murder and treason,
of jurors in
criminal 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 for
any criminal case, other than murder or treason, seven jurors
shall form the array.

(3) Where in the course of a criminal trial any member
of the jury dies or is discharged by the Court through illness
or other sufficient cause, the jury shall nevertheless, so long as
the 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 may
be given accordingly.

(4) Where one juror has died or has been discharged as
provided for in subsection (3), the verdict of eleven jurors in a
trial for murder or treason, or of six jurors in a trial formy other
offence, 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 of
manslaughter;

[The inclusion of this page i s authorized by L.N. 92c12012]

JURY 19

(b) for murder committed in any circumstances other 2412010
than- S.2(b).

(i) those specified in section 2 (1) (a) to V) of the
Offences Against the Person Act; or

(ii) murder upon the conviction of which section
3(1A) of the Offences Against the Person Act
would apply,

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

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

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

32 .41) In all civil cases the jury shall consist of seven Numberof
persons, and the verdict- jurors in civil 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 the
jury dies or is discharged by the Court through illness' or &her
sufficient 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 of
that trial, and the trial shall proceed and a verdict may be given
accordingly.

33 .41) Every person arraigned for murder or treason shall Challenges.
71 1980 be allowed to challenge seven and no more of the jurors by way S,23(a),

of peremptory challenge and without being subject to assign any
cause therefor.

(2) Every person arraigned before the Circuit Court for
any offence other than murder or treason shall be allowed to
challenge five and no more of the jurors by way of peremptory 711980
challenge and without being subject to assign any cause therefor. S.23(b).

--

[The inclusion of this page is authorized by L.N. 92c/2012]

20 JURY

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

711980 more in the case of murder or treason, or five and no more in
23(a)(b) any other case, of the jurors by way of peremptory challenge and

without being subject to assign any cause therefor.

(4) Nothing in this section shall affect any right of
challenge to the polls for cause, either on the part of the
prosecution or of the defence, and every such challenge for
cause, if objected to by the opposite party, shall be tried and
determined by the Court without a jury, and the person
challenged shall be examined on oath, and shall be required to
answer on oath all lawful questions relating to the trial of the
challenge.

Foremanof 34.-(1) When the jurors have been duly sworn they shall
Jury appoint one of their number to be foreman. If a majority of the

jury do not, within such time as the Judge may think reasonable,
agree in the appointment of a foreman, he shall be appointed by
the Judge.

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

Payment of Jurors

Payment of 35.-(1) In a civil trial, each person who serves as a juror-
jurors in civil
cases. (a) shall be paid for each day or part of a day'that the trial
71 1980
s.24. lasts, such sum as the Minister may, by regulations
L.N. prescribe; and
7011 998.
81 1999 (b) shall be entitled to be paid, in respect of his travelling to
S.3(a). and from the place to which he is summoned, such sum

as the Minister may, by regulations published in the -
Gazette, prescribe. I .

(2) [Deleted by Act 8 of1 999.1

[The ~nclus~on of th~s page I S autllor~zrrd by L N 92c/2012]

JURY 21

36.-(1) In all civil cases, the payments allowed as afore- Method of payment.
said, shall be provided by the party on whose application ,,,980
the jury has been obtained, and paid to the Clerk of the S. 25 (d.
Court on each day before the case proceeds, and shall be
paid by him to each juror on the last day for which his
attendance is required.

costs in the cause.
coats of (2) In all civil cases, the amount so paid shall be apead
i U W
71 1980
S 25 (b)
B W.
Payment

criminal

(a) shall be paid for each day or part of a day that the 7/19*0 s. 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 is
summoned, such sum as the Minister may, by
regulations published in the Guzeire, prescribe.

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

a juror-

(2) [Deleted by Act 8 of 1999.1

Subsirlcna
dl0waoCc. 38.-(1) Where the taxing officer is satisfied that by

reason of-
(a) the distance between the home of a juror and

the place to which he is summoned; or
(6) the state of health of a juror; or
(c) 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 upon
more than one day,

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

IThs inclusion of this page is authorized by L.N. 3 /ZOO11

22 JURY

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

811999
S. 5 (a).

711980
s. 27 (C).

sum payable to such juror under section 37, such further
sum as he is satisfied represents any reasonable expenditure
actually incurred by the juror for lodging and necessary
subsistence during the period between his departure from
his home to attend Court and his return to his home after
so attending Court.

(2) For the purposes of this section “taxing officer”
means-

(a) in respect of trials before the Circuit Court for
the parish of Kingston, the Registrar of the
Supreme Court or an officer deputed by him to
act on his behalf;

(b) in respect of trials before the Circuit Court for
any other parish, the Clerk of such Circuit Court.

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

attend on a jury at any sitting of the Courts of this Island
does not attend in pursuance of such summons, or having
been called thrice, does not answer to his name, or if any such
person, after having been called is present but does not
appear, or after his appearance refuses to serve or to be
sworn, or WilfulIy withdraws himself from the presence
of the Court without leave of the Court and without
reasonable excuse, it shall be lawful for the Court to
impose upon him such fine, not exceeding two thousand
dollars, 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 y
false representation with the intention of evading
jury service; or

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

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- 811999
sonment for a term not exceeding six months. s.s(~).

40. No juror shall be liable to any penalty for non-attendance Juror not
I~able to on a jury, unless the summons requiring him to attend be duly penalty

served twenty-one days at least before the day on which he is unless
required to attend, but no longer period than twenty-one days ::::l,ne
shall in any case be required between the service and such last- daysbefore
mentioned day. Court 71 1980

S 28

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

minute of such order and require him within fourteen days after
the date of such service to forward to such officer the amount of
the fine or an affidavit giving an explanation of the conduct
which 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 or
Coroner who presided at the time when the fine was imposed or
the Court which imposed the fine, and the Judge, Resident
Magistrate, Coroner or Court shall have power to remit the
fine.

: (3) Where an affidavit is forwarded by any person but
the fine is not remitted by the Court, the proper officer shall
notify that person accordingly and require him within fourteen
days of such notice to forward the amount 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 accordance
with subsection (1) or (3), the proper officer shall issue in res-
pect of that person, a warrant of commitment for the recovery of
the amount of the fine in the form set out in Schedule D.

(5) For the purposes of this section "proper officer"
means-

[The inclusion of this page is authorized hy L.N. 92~120121

24 JURY

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

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

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

Recoveryof 42. All penalties recovered under this Act shall be paid over
penalt~es
711980 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 all
711 980
s 29 just challenges allowed, the Court may add to the jury such

number of the bystanders, not disqualified or exempted by law
from serving on juries, as shall be sufficient to make up the full
number 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 number
of such persons can be found; and the persons so added to the
jury shall serve under pain of the same penalty, be entitled to the
same payments and be subject to the same challenges as if they
had been returned upon the jury panel.

Verd~ct ofjury 44. -41) On trials on indictment for-
In cr~m~nal
cases. (a) murder committed in any of the circumstances specified
24120 10
S.3.

in section 2( l ) (a) to V) of the ~f fences 'k~a ins t the Per-
son Act, or murder upon the conviction of which sec-
tion 3(1A) of that Act would 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.

(1A) On trials on indictment for murder not falling
within subsection ( l ) (a ) , after the lapse of two hours from the
retirement of the jury a verdict of a majority of not less than nine
to three, of conviction or acquittal of any person for such mur-
der, may be received by the Court as the verdict of the jury.

[The inclus~on of th~s page IS authorized by L N 92c/2012]

JURY 25

(2) On a trial on indictment for murder, after the
lapse of one hour from the retirement of the jury a verdict
of a majority of not less than nine to three of conviction of
manslaughter, or of acquittal of manslaughter, may be
received by the Court as the verdict of the jury.

(3) On trials on indictment before the Circuit Court
for offences other than murder or treason, the verdict of
the jury may be unanimous, or a verdict of a majority of
not less than five to two may, after the lapse of one hour
from the retirement of the jury, be received by the Court
as the verdict of the jury.

(4) Whenever the verdict of the jury is not unani-
mous the Judge may direct the jury to retire for further
consideration.

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

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

(2) In cases of necessity such as when a juror is
taken ill during any trial and the number of its members
is reduced by more than one, or a prisoner is by illness or
other sufficient cause incapable of remaining at the bar,
or for other cause deemed sufficient by the Judge, the
Judge may discharge the jury.

(3) Whenever a jury have been discharged, the
Judge may adjourn the case for trial at the same sitting
of the Circuit Court or at a future sitting of the Circuit
Court, and at the subsequent trial the case shall be tried
before another array of jurors and the Judge may in his
discretion excuse from such array any juror who took part
in the previous trial.

_ _ _ ~ _ _ _ ~ _ ~ - ~~
We inolusion of this page is authorized by LN. 17/1982]^-

26

Refresh-
ment for
,UKIlS.

Power to
permit
jury to
separate.

IUR Y

46.41) It shall be lawful for the Court in all cases, in
its discretion, to allow the jurors, at any time before
giving their verdict, to procure and have reasonable refresh-
ment, such refreshment to be procured at their own expense,
unless the Court orders otherwise.

(2) Where any order has been made by the Court
under this section, the costs of any refreshment supplied
thereunder shall be paid by the officer charged with the
payment of witnesses’ expenses, and shall be charged
against moneys voted for the payment of such expenses.

47.41) Upon the trial of any person for any offence
before the Circuit Court, the Court may, if it thinks fit,
at any time before the jury consider their verdict, permit
the jury to separate and go at large; and for the purpose
of exercising such discretion, the Court may permit an
application to be made either before or during the trial
and either in open Court or in Chambers.

(2) Whenever the jury have not been permitted to
separate and go at large, proper provision shall be made
for preventing the jury from holding communication with
any person:

Provided that it shall be lawful for the Judge, for
sufficient cause shewn to his satisfaction, to allow one or
more of the jurors to separate from the other jurors, but
not so as to hold communication with other persons except
with the leave of the Court, so, however, that the jurors
allowed to separate shall remain in the charge of one of
the persons to whose charge they are committed.

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

me i noh ion of this pi8e is authorized by LN. 17/19821

IURY 21

48. No challenge to the array shall be allowed, nor Chdmge
to the shall the anay be quashed, nor shall any judgment after

verdict upon any indictment or information for any felony
or misdemeanour be stayed or reversed by reason of the
neglect or default of any officer to do or perform any of
the foregoing acts or requirements in relation to the
preparation of the jury lists, or in the making of the jury
panels aforesaid.

49, On the trial of any criminal or civil case, in any BdlOlfm
iury In Circuit Court, the jury to be impanelled for the trial shall amit

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

50. The powers granted to the Court or a Judge by the Savingof
provisions of this Act shall be without prejudice to the powsnof
inherent powers of the Court or a Judge in trials by jury
or 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,’e
selected from the panel.

52.-The Minister may make regulations generally for 5oe
giving effect to the purposes and provisions of this Act and 7/1980
in particular, but without prejudice to the generality of the
foregoing, may make regulations prescribing-

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

(6) the payment of travelling expenses to the jurors
in civil and criminal cases.

court.

tbhcrent

S 31.

.

me inclusion of this page is authorized by LN. 17/1982]

28

51/1968
S . 3, Sch.
(a) and (b).
1511962
S. 35, Sch.
7/1980
S. 32 (1).
L.N.
5 0 1 1 9 ~ .

51 / I968
s. 3, sch.
(C)
L.N.
741 1971.

711980
S. 32 (I).

711480
s. 32 (1).

LN.
5011981

JURY

SCHEDULE A (Section 2)

List of Persons Exempt from 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 COW of Appeal, Judges and
spouses of Judges of the Supreme Court, the Master in Chambers and
t h e spouse of the Master in Chambers, thz Registrar and spouse of the
Registrar of the Supreme Count, Judges and spouses of Judges of tbe
Family Court, Judges and spouses of Judges of the Traffic court and
Resident Magistrates 'and spouses of Resident Maastrates.

Custodes of parishes.

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

Officers holding appointments and meiving salaries in the public
service 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, Sciencc

and Technology or Teachers Training Colleges; or
(b) any institution providing higher education of a standard

comparable 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 of
each public wharf, and

paragraph (d.

Wharfaee Act, subject to the following conditions-

____~
lThhe inclusion of this mge is authorized by L.N. 17/1982]

JURY 29

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

Dental practitioners registered under the Dental Act.

Veterinary Surgeons registered under the Veterinary Act. 1811975
S. 19.

Registered Pharmacists dispensing drugs and poisons under the Pharmacy
Act.

Commonwealth citizens performing diplomatic or consular duties. 5111968
S. 3. Sch.

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

(g).
Superintendent of Roads and Works.

Inspectors of Poor.

City Engineer.

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

Persons registered under the Nurses and Midwives Act.

Persons enrolled as students in any school, college, university or other
institution of learning.

The Director of Elections, members of staff of the Electoral Office and L.N.
other employees of the Electoral Advisory Committee. 5011981.

SCHEDULE B [Repealed by Act 1 of2009.1

lThe inclusion of h i s page is authorized by L.N. 123ROll)

(Section 19)

JAMAICA, S.S.

JURY !

SCHEDULE C

Fortn of Summons to Juror I i

Parish of

You are hereby required to be and appear at Her Majesty's next
Circuit Court, in and for the parish of 1 , to
be holden at the Court House at , on the' day
of ensuing, at o'clock in the forenoon, there to
serve as a (Special or other) Juror, and not to depart without leave of the
Court, or in due course of law. Hereof fail not at your peril. ,

If you make default in attendance in pursuance to this summons
without some reasonable excuse, you will render yourself liable to a
fine of $2,000. I

Dated this day of i 19
-

(Signed)

Registrar of the Supreme Court1

holden at

i
Form 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. lUROlll '

No.

1

2

(to 80,50,
or I 1 as
the case

may be)

Name of
jurors

Address Descrip-
tion

Date of
service

By whom
served/

I

I

I

Remarks

JURY 3 1

JAMAICA, S.S.

Parish of

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

Sworn to before me, , at
this day of 1 9 .

(Signed)

Justice of the Peace,
parish of

SCHEDULE D ' (Section 4 1 )

Warrant of Commitment where fine is not paid 71 1 980
S. 33.

Whereas-

( 1 ) A.B. of , was on the (date of service
of summons) duly summoned to serve as a juror in the
(Court) in and for the parish of ; and

(2) on the (date of imposition of fine), pursuant to section 39
of the Act, an order was made by the (Court) imposing a
fine of [ dollars, $ ] upon him; and

(3) a copy of the minute of such order was duly served upon him
requiring him to forward the amount of the fine or an affidavit
pursuant to section 4 1 but-

[(a) he has rehsed or neglected to obey the same;] or

[(b) having forwarded an aff~davit pursuant to section 41
he has been notified that the fine has not been
remitted by the Court but he has nevertheless omitted
to pay the fine;]

These therefore are-

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

. [The inclusion of this.page is authorized by LN. 123RO111

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 or lock-up) to receive the saib A.B. into

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

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

Given under my hand this
in the parish aforesaid.

(Registrar, Supreme Court)

day of

(Clerk of the Circuit Court
for the parish of 1
(Clerk of the Courts for the
parish of 1.

To each and all of the Constables of I , and to the
Superintendent (or other head officer) of the (prison 1 or lock-up)
at I

I
lThe inclusion of this page is authorized by L.S. l23/f011(

I
Read Entire Law on www.moj.gov.jm