CHAPTER
59
JURIES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Qualifications for jury service. |
Exemptions and disqualifications from jury
service. |
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Process of calling jury in court. |
Balls with number of jurors sworn to be kept
apart. |
Same jury may try other matters. |
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Counting and swearing of jurors. |
Jury to be unanimous except in certain cases. |
Discharge of jury owing to disagreement. |
Communication with jury while in retirement
considering verdict. |
When jurors permitted to separate. |
Discharge of jury in certain circumstances. |
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Accommodation, maintenance and refreshment of
jurors. |
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Fines for non-attendance or refusal to serve. |
Release of juror from attendance. |
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FIRST SCHEDULE - Persons Exempt from Jury Service. |
SECOND SCHEDULE - Persons Disqualified from Jury Service. |
CHAPTER 59 |
JURIES |
An Act to
consolidate with amendments certain written laws relating to juries and for
connected purposes. | 7 of 1998 |
[Assent 19th May,
1998]
[Commencement 1st June, 1998] |
1. This Act may be cited as the Juries Act, 1998. | Short title. |
2. In this Act- | Interpretation. |
"court"
means the Supreme Court; |
"jury
service" in relation to any person means service as a juror in any civil
or criminal proceedings triable by jury at any sitting of the court; |
"Registrar"
means the Registrar of the court or his deputy; |
"revising
panel" means the panel constituted by section 6; |
"sittings
district" has the meaning assigned to it by section 5; |
"sitting"
means a sitting of the court. |
3. Every person age twenty-one years and over and
resident in a sittings district shall be qualified for jury service. | Qualifications for jury service. |
4. Notwithstanding anything contained in section 3- | Exemptions and disqualifications from jury service. |
(a) the persons
specified in the First
Schedule are exempt from jury service to the extent set out in that Schedule;
and |
(b) the persons
specified in the Second
Schedule shall be disqualified from jury service. |
5. (1) The Island of New Providence and the Island of
Grand Bahamas shall be sittings districts for the holding of sittings of the
court. | Sittings districts. |
(2) The Chief
Justice may by notice published in the Gazette declare any other Family
Island or part thereof to be a sittings district for the holding of sittings of
the court. |
(3) No juror shall
be required to perform jury service otherwise than at a sitting of the court
held within the sittings district in which he is for the time being resident
and for which his name is entered in the jurors book as hereinafter provided. |
6. There shall be a revising panel, consisting of the
Registrar, who shall be Chairman, the Parliamentary Commissioner and the
Provost Marshal or his deputy. | Revising panel. |
7. (1) It shall be the duty of the revising panel, on or
before the fifteenth day of December in each year, to prepare a list in
alphabetical order of all persons qualified and liable for jury service in the
New Providence and Grand Bahama sittings districts who, in their opinion, are
persons of reputed honesty, integrity and intelligence fit and proper to serve as
jurors in the court. | Jury lists. |
(2) Where under
subsection (2) of section 5 the Chief Justice declares a Family Island or part
thereof to be a sittings district, it shall be the duty of the Administrator of
such Family Island sittings district to prepare and transmit to the revising
panel before the first day of December in each year a list of all persons
qualified and liable for jury service in that sittings district, and the
revising panel shall thereupon prepare a further list in alphabetical order of
all persons named therein who, in their opinion, are persons of reputed
honesty, integrity and intelligence, fit and proper to serve as jurors in the
court. |
(3) A copy of that
part of each jury list prepared by the revising panel for use during the
ensuing year shall be published in the Gazette, and a further copy
thereof shall be affixed to a public notice board at the Supreme Court building
in Nassau and in Freeport or in the case of any Family Island sittings district
at the office of the Administrator; there shall be subjoined to each such copy
a notice that objections to the list will be heard on a date to be specified
therein not less than seven days after the publication thereof. |
8. Upon the appointed day the revising panel shall sit
to revise the jury lists, and, upon the evidence on oath of any person
objecting or other proof, or upon their own knowledge, may insert or strike out
the name of any person improperly, accidentally, unintentionally or
inadvertently omitted from or inserted therein and may correct any other errors
or omissions appearing to have been made in the preparation of such lists: | Revision of jury lists. |
Provided that for
the purpose of revising any jury list relating to a Family Island sittings
district the Chairman of the revising panel may in writing authorise the Deputy
Registrar of the court, the Administrator of that district, or any stipendiary
and circuit magistrate, to sit in lieu of the revising panel and, in any such
case the Deputy Registrar, the Administrator or magistrate, as the case may be,
shall sit accordingly and shall forward his recommendations in writing to the
revising panel who shall consider the same, and upon consideration thereof, may
amend or otherwise correct the list in accordance with such recommendations. |
9. (1) At the conclusion of each revision the revising
panel shall sign the revised jury lists and the Registrar shall record the same
in a book to be called the jurors book and the same shall thereupon be approved
by the Chief Justice for use in the court with effect from such date or dates
as he may think fit. | Jurors book. |
(2) The revised
jury lists shall be published in the Gazette and shall commence to be
used from the dates approved by the Chief Justice, which shall be notified in
the Gazette, and shall continue to be used until the use of a fresh jury
list shall be approved in respect of any particular sittings district. |
10. (1) Jurors shall be summoned to serve for a period
of three months commencing on the Monday following the second Wednesday in
January and the first Monday in the third succeeding months thereafter namely,
the months of April, July and October: | Drawing jurors. |
Provided that
where, at the end of the period of three months, a juror is serving in a case
which has not been completed, he shall continue serving for the duration of
such case. |
(2) The Registrar
shall select panels of jurors on 1st December and thereafter on the first day
of the third month immediately following thereafter namely, 1st March, 1st June
and 1st September. |
(3) Before the
commencement of any sitting at which a jury may be required, the Registrar
shall select forty-eight persons from those whose names are marked in the
jurors book as resident in the sittings district where the sitting is to be
held, by taking one name from each letter of the alphabet in succession and so
proceed from time to time commencing each time where he has left off, until
every such person has been selected in his turn: |
Provided that the
Chief Justice may, whenever he thinks fit, direct that the court shall sit in
two or more divisions for the trial of cases at a particular sitting and in any
such case the Registrar shall select the names of forty-eight persons as
aforesaid for service in each of the divisions. |
(4) In selecting
names from a new jurors book in every sitting the Registrar shall commence with
the name in the list next following in alphabetical order the names of the
persons who were last selected in the preceding sitting from the former jurors
book or as near thereto as circumstances may permit. |
11. (1) The names of all persons selected to form a
jury panel at any sitting shall be entered on a list and numbered in numerical
order from one to forty-eight. | Proof of summons. |
(2) Where the
Chief Justice directs that the court shall sit in two or more divisions for the
trial or causes, the names of the forty-eight persons selected for service in each
of the divisions of the court shall be entered on a separate list for each
court numbered in numerical order from one to forty-eight. |
(3) Every list
shall be signed by the Registrar. |
12. (1) Every summons to be served on a juror shall be
served by the proper officer of the court at least three days before the
sitting of the court in which the juror is required to serve, and service shall
be affected by delivering the summons to the person named therein or by leaving
it for him at his last or most usual place of abode. | Service of summons. |
(2) The proper
officer shall make a true return of service of each summons and shall attend at
the sittings and, if necessary, verify service upon oath. |
13. If a judge is satisfied that there is any reason
for excusing a juror from jury service the judge may make an order excusing
such juror from serving for such period as he may think fit. | Excuse of jurors. |
14. (1) The Registrar shall cause to be provided for
use at the sitting forty-eight marble, metal or wooden balls numbered
consecutively one to forty-eight, the number on each ball being clearly and
indelibly printed or otherwise marked thereon: | Process of calling jury in court. |
Provided that
where the Chief Justice directs that the court shall sit in two or more
divisions the Registrar shall cause to be provided for use in each division of
the court forty-eight such balls numbered as aforesaid. |
(2) The balls
shall at each sitting be put into a box or other receptacle and upon trial of
any case the Registrar shall in open court draw or cause to be drawn there from
one of the balls, and read out the number thereon and the name of the juror on
the list set opposite to the corresponding number on the list until such number
of jurors appear as are required who after all just causes of challenge allowed
shall remain as fair and indifferent, and the same shall be done whenever it is
necessary to form a new jury. |
15. (1) The balls which have thereon the numbers
corresponding with the numbers on the jury list of the names of the jurors on
any jury shall be kept apart until the jury is discharged, and shall then be
returned into the box or other receptacle. | Balls with numbers of jurors sworn to be kept apart. |
(2) If any case is
brought on for trial before the jury in any previous case has brought its
verdict, the court may order another jury to be sworn in the same manner from
the rest of the jurors on the list. |
16. If no objection is made by or on behalf of any of
the parties to a cause, any issue arising therein may be tried with the same
jury which has already tried any other such issue or which has tried or been
drawn to try any other case. | Same jury may try other matters. |
17. Whenever the requisite number of jurors have not
been summoned, or do not appear, or do not remain as fair and indifferent after
all just causes of challenge allowed, then the court may name and appoint so
many other able and qualified persons then present at the said court or to be
found elsewhere resident within the sittings district in which the court is
sitting, as shall be necessary to make up a full jury, and they shall, subject
to all such just reasons of excuse as the judge may think fit, serve under pain
of the same penalty as persons summoned as jurors refusing to serve. | Talesmen. |
18. Subject to the provisions of subsection (3) of
section 28, at every trial the jury shall consist of twelve persons. | Number of jurors. |
19. On the trial of an offence by the court the
prosecutor and the accused may each challenge peremptorily and without cause
any number of jurors not exceeding ten, but any other challenges on either side
shall be for cause. | Peremptory challenges. |
20. The prosecutor and every accused person and every
plaintiff and defendant shall be entitled to any number of challenges on any of
the following grounds that is to say- | Challenges for cause. |
(a) that any
juror's name does not appear on the jury list: |
Provided
that no misnomer or misdescription in the jury list shall be a ground of
challenge if it appears to the judge that the description given in the jury list
sufficiently designates the person referred to; |
(b) that any
juror is not indifferent between the Queen or other prosecutor and the accused
or between the parties; |
(c) that any
juror has been convicted of any offence for which he was sentenced to death or
to any term of imprisonment with hard labour exceeding one year; |
(d) that any
juror is disqualified as an alien under the law in force for the time being; |
(e) that any
juror cannot speak, read or write English; |
(f) that any
juror was returned to serve as a juryman contrary to the provisions for the
time being in force for the returning of jurors in rotation; |
(g) that any
juror is not, for any other reason appearing sufficient to the judge, a fit and
proper person to serve as a juror in the proceedings, |
and no other
ground of challenge than those above mentioned shall be allowed. |
21. An opportunity to challenge each of the members of
the jury separately shall be given by the court to the prosecutor and the
accused, or to each party as the case may be, and such challenges whether
peremptory or for cause may be made at any time before, but not after the
Registrar has begun to recite the words of the oath to any of the jurors. | Method of challenge. |
22. (1) Every challenge shall be tried by the judge,
and there shall be no appeal from his decision. | Trial of challenge. |
(2) The
disqualification or want of qualification of any juror may be inquired into on
his being empanelled and challenged, but not afterwards; and no verdict shall
be impeached by reason of the disqualification or want of qualification of any
juror who may have concurred in it. |
23. (1) As soon as the jury are chosen, they shall be
counted in the box by the Registrar, who shall then at once proceed to swear
them; but if any juror refuses, or is unwilling from alleged conscientious
motives to be sworn, the judge may, upon being satisfied of the sincerity of
the objection, allow him to make a solemn declaration. | Counting and swearing of jurors. |
(2) The
declaration shall be of the same force and effect as if the person had taken an
oath in the usual form, and shall, if untrue, entail the same penalties as are
provided against persons guilty of perjury. |
(3) Whenever in any
legal or other proceedings it is necessary or usual to state that jurors have
been sworn, it shall not be necessary to specify that any particular juror has
made declaration instead of oath, but it shall be sufficient to state generally
that the jurors have been sworn. |
(4) After they
have been sworn, the jurors shall by a majority of voices elect one of their
number to be their foreman. |
24. (1) In every case in the criminal jurisdiction of
the court in which the prisoner is arraigned for and found guilty of an offence
to which the penalty of death is affixed by law the verdict of guilty shall be
the verdict of all the jurors. | Jury to be unanimous except in certain cases. |
(2) In every other
case in the criminal jurisdiction of the court and in all civil cases, the
verdict may be found, given and returned by two-thirds of the jury empanelled
and any verdict so found, given and returned shall have the same force,
validity and effect as if the same was found, given and returned by the
unanimous voice of such jury. |
25. If, after the expiration of a reasonable time from
the conclusion of the summing up, the jury are not agreed and state that they
are not likely to agree, the court may, but shall not be bound to, discharge
them. | Discharge of jury owing to disagreement. |
26. (1) If the jury retire to consider their verdict no
person other than the officer of the court who has charge of them, shall be
permitted to speak or to communicate in any way with any of the jury without
the leave of the judge. | Communication with jury while in retirement
considering verdict. |
(2) Disobedience
to the directions of this section shall not affect the validity of the
proceedings: |
Provided that if
the disobedience is discovered before the verdict of the jury is returned, the
judge may, if he is of opinion that it has produced substantial mischief,
discharge the jury and direct a new jury to be sworn or empanelled during the
sitting or may postpone the trial on such terms as justice may require. |
27. (1) In every case in the criminal jurisdiction of
the court and in every civil case triable by jury, the judge may, if he thinks
fit, permit jurors sworn and empanelled upon the trial thereof to separate and
depart from the court during any adjournment of such trial before they have
retired to consider their verdict upon each such juror taking the oath
prescribed by subsection (3) of section 13 of the Oaths Act. | When jurors permitted to separate. |
(2) The following
provisions shall apply whenever the jury have not been permitted to separate- |
(a) a proper
provision shall be made for preventing the jury from holding communication with
any person; |
(b) the judge
may allow one or more of the jurors to separate from the other jurors; |
(c) jurors who
are allowed to separate from the other jurors shall not hold communication with
other persons except with the leave of the court; |
(d) jurors who
are allowed to separate shall remain in the charge of the officer of the court
who has charge of them. |
28. (1) The judge may, in his discretion, in case of
any emergency or casualty rendering it, in his opinion, expedient for the ends
of justice so to do, discharge the jury without their giving a verdict, and
direct a new jury to be empanelled during the sitting or may postpone the trial
on such terms as justice may require. | Discharge of jury in certain circumstances. |
(2) If the judge
becomes incapable of trying the case or directing the jury to be discharged,
the Registrar shall discharge the jury. |
(3) Without
prejudice to the power of the judge to discharge the jury under the provisions
of subsection (1), whenever a juror dies or fails to appear at any adjournment
of the trial or becomes too ill to continue to serve then in any such case the
judge may in his discretion proceed with the trial with the remaining eleven
jurors, and take their verdict which shall then have the same effect as the
verdict of the whole number. |
29. (1) Every juror who is sworn in any case shall be
entitled to a fee of fifteen dollars for each day or part of a day during which
he attends at the court during the trial of the case for which he is so sworn. | Jurors' fees. |
(2) Every juror
who attends court during the trial of criminal cases shall be entitled to a fee
of fifteen dollars for each day on which he is required so to attend but is not
sworn to try any such case. |
(3) In every civil
case listed for trial with a jury the amount of sixty dollars on account of
jurors' fees shall be paid to the Registrar by the plaintiff before the jury is
sworn and if it is not so paid the court shall, unless it sees fit to allow an
adjournment, dismiss the case or enter judgment for the defendant. |
(4) All jurors'
fees in civil cases shall be recoverable as a fee of court from the plaintiff
but may be allowed as costs in the cause against any other party to the
proceedings. |
30. (1) In any case where the members of the jury
empanelled are required by the court not to separate before returning their verdict,
they shall be entitled to be reasonably accommodated and maintained at the
public expense under arrangements to be made by or on behalf of the Registrar. | Accommodation, maintenance and refreshment of jurors. |
(2) Reasonable
refreshment at the public expense shall be provided for members of a jury
empanelled in any case when they have retired to consider their verdict. |
31. Where in any case it is made to appear to the judge
that it will be in the interests of justice that the jury who are to try or are
trying the issue in the case, should have a view of any place, thing or person
connected with the issue, he may direct a view to be had, in such manner and
upon such conditions as he may think proper. | View. |
32. (1) If any person, having been duly summoned to
attend as a juror, does not attend in obedience to the summons at the first
sitting of the court and at every adjournment thereof upon being openly called
in court, or if he departs from the court during its sitting without leave of
the judge and without reasonable excuse the court may impose on him a fine of
not more than five hundred dollars. | Fines for non-attendance or refusal to serve. |
(2) If any person,
having been duly summoned to serve as a juror, refuses to serve when required
by the court so to do, or if, after having been duly sworn he without leave
departs the court before the verdict is given or before he is regularly
discharged, the court may impose on him a fine of not more than five hundred
dollars. |
(3) The judge may,
during the same sitting, remit or reduce any such fine upon sufficient cause
shown to him in open court, and he may within five days after the close of the
sitting, remit or reduce the fine upon sufficient cause shown by affidavit. |
(4) All fines
imposed under the provisions of this section shall be recoverable by distress
and sale of the goods of the person fined by warrant of the court signed by the
Registrar together with the costs of recovery thereof; and if sufficient goods
of the defaulter are not found to satisfy the fine and costs he may be
committed to prison by warrant under the hand of the judge for such period not
exceeding three months as the judge considers fit. |
33. The judge may at any time discharge any person
summoned as a juror from further attendance on the court, or excuse him from
attendance at any sitting or for any period during a sitting. | Release of juror from attendance. |
34. The Rules Committee appointed under section 75 of
the
Supreme Court Act, 1996 may make rules of court generally for the better
carrying out of any of the purposes or provisions of this Act. | Rules. |
35. Nothing in this Act contained shall extend or be
construed to extend to alter, abridge or affect any power or authority which
the court or judge now has, or any practice or form in regard to trials by
jury, jury process, juries or jurors, except in those cases only where any such
power or authority, practice or form is repealed or altered by this Act, or is
or shall be inconsistent with any of the provisions thereof. | Savings. |
FIRST SCHEDULE (Section 4(a)) |
PERSONS EXEMPT
FROM JURY SERVICE |
1. The
Governor-General and his personal staff. |
2. Judges of the
Court of Appeal and of the Supreme Court. |
3. Ministers of
Government. |
4. Members of the
Senate and the House of Assembly. |
5. Counsel and
Attorneys in actual practice and their clerks. |
6. Registered
medical practitioners. |
7. Persons
officiating as priests or ministers of their respective religions. |
8. Members of The
Royal Bahamas Police Force, Police Volunteer Reservists and Supernumerary
Police Officers. |
9. The following
members of the Public Service- |
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(b) persons who
are employed in the Office of the Attorney-General and the Law Reform and
Revision Commission; |
(c) persons who
are employed in the Immigration and Customs Departments; |
(d) members of
The Royal Bahamas Defence Force; |
(e) persons who
are employed in the Judicial Department; |
(f) members of
the Prison Service; |
(g) nurses,
pupil nurses and midwives; and |
(h) persons who
are employed in the Industrial Tribunal. |
10. Persons under
permanent physical or mental incapacity. |
11. The clerks and
messengers of the Senate and of the House of Assembly during such time as the
Legislature is in Session. |
12. Members of the
Industrial Tribunal. |
SECOND SCHEDULE (Section 4(b)) |
PERSONS
DISQUALIFIED FROM JURY SERVICE |
1. Any person who
is not a citizen of The Bahamas. |
2. Any person who
has been convicted of treason, murder, or any indictable offence, unless he has
obtained a free pardon. |
3. Any person
certified as being of unsound mind. |
4. Any person who
cannot read and write legibly in the English language. |
5. Any person who
is suffering from any infectious or contagious disease. |