Jurors Act 1971

section (1), may be varied by a subsequent notice made by the Chief Justice or by order of the Supreme Court.

(3) Notwithstanding subsection (1) or (2), if any case is not con cluded by the expiration of the period fixed for any jury session, the ju rors serving in that case shall continue to serve until the case is con cluded.

Jury service; qualifications and liability

3 (1) Every person —

(a) who is not more than 65 years of age; and

(b) who is registered as a parliamentary elector in a parlia mentary register under the provisions of the Parliamen tary Election Act 1978 [title 2 item 11],

shall, unless dis qualified by virtue of subsection (2), be qualified for, and (unless exempted or excused under or by virtue of any of the succeeding provisions of this Act) shall, if selected, be liable to, jury service.

(2) A person shall be disqualified for jury service —

(a) if he is unable to read and write the English language; or

(b) if he is blind, deaf or dumb or is suffering from mental disorder; or

(c) if he is for the time being detained in a prison or other place of detention or in a hospital and receiving treatment primarily for mental disorder; or

(d) if he has, since he attained the age of sixteen years, been convicted (whether on indictment or otherwise) of an of fence punishable with death or with imprisonment for a term of three years or more, or, if he has, at any time during the immediately preceding seven years, been convicted (whether on indictment or otherwise) of an of fence punishable, for a first offence, with imprisonment for a term of twelve months or more, and—

(i) he has not received a pardon in respect of that conviction; or

(ii) that conviction has not been quashed on appeal.

(3) Notwithstanding anything in the foregoing provisions of this section, a person otherwise qualified for jury service shall not be re turned to serve as a juror unless the Revising Tribunal sitting in pur suance of section 8 certify that, in their opinion,—

(a) he is a person of reputed honesty, integrity and intelli gence; and

(b) he is in all other respects a fit and proper person to serve as a juror.

[section 3 amended by 1998 : 32 effective 13 July 1998]

Certain exemptions from service

4 (1) The following provisions of this section have effect with re spect to the circumstances in which persons otherwise liable to jury ser vice are to be exempted from jury service prior to their being returned to serve as jurors at a particular session of the Supreme Court.

(2) Without prejudice to any other provision of law relating to exemption from liability to jury service, where a person who is otherwise liable to jury service begins to serve, practise or be employed in any of the offices, professions, employments or callings specified in Part I of the First Schedule, then in any such case that person shall be exempt from liability to jury service during the period of his service, practice or em ployment as aforesaid and, where so specified in Part I of the said Schedule, shall continue to be exempted from liability for jury service after the termination of such service, practice or employment.

(3) Without prejudice to any other provision of law relating to exemption from liability to jury service, where a person who is otherwise liable to jury service begins to serve or be employed in any of the offices or employments specified in Part II of the First Schedule and written no tice is given to the Registrar by the person specified in Part II of the said First Schedule in connection with the office or employment in question—

(a) claiming exemption from jury service on behalf of the person so serving or employed; and

(b) certifying that such exemption from jury service is es sential in the public interest or, as the case may be, in the interest of the institution or undertaking in which that person is serving or employed,

then in any such case the person so serving or employed shall thencefor ward cease to be liable to jury service during the period which ends —

(i) on a day twelve months after the day on which notice is so given; or

(ii) on the day on which such service or employment terminates,

whichever is the earlier day:

Provided that nothing in this subsection shall be con strued so as to prevent fresh notice being given in re spect of a person otherwise liable to jury service upon the ending of any such period as aforesaid where his service or employment continues thereafter; and where such notice is duly given the provisions of this subsec tion shall have effect accordingly.

(4) Subject to the provisions of subsection (5), where a person otherwise liable to jury service has served as a juror any time during a session of the Supreme Court then in any such case he shall be ex empted from liability to jury service —

(a) for the period of two years next succeeding the last day on which he served as a juror during that session; or

(b) if the Supreme Court has made an order under section 14 exempting him from liability to jury service for a longer period, then for that period.

(5) The provisions of subsection (4) shall not apply to a special juror unless the Court expressly orders otherwise.

(6) Where a person otherwise liable for jury service has at tended in court on a jury summons during a session of the Supreme Court but has not served as a juror during that session, then in any such case he shall be exempted from liability to jury service for a period of one year next succeeding the last day on which he attended the Court as a result of such summons during that session.

Registrar; Revising Tribunal

5 (1) The Registrar shall have the powers and discharge the du ties conferred or imposed upon him by or under the provisions of this Act.

(2) For the purpose of this Act there shall be established a Re vising Tribunal for Bermuda which shall have such functions as are conferred on the Revising Tribunal by or under the provisions of this Act; and the provisions of the Second Schedule shall have effect with respect to the constitution and procedure of the Revising Tribunal and the re muneration of members of the Revising Tribunal.

Random selection procedure

6 (1) For the purpose of determining the persons liable for jury service, the Parliamentary Registrar shall, on such date in each year as the Chief Justice shall direct, cause copies of the voters list for each con stituency to be furnished to the Registrar.

(2) The irregular omission or inclusion of any name on the vot ers list shall not affect the validity of the selection of persons liable for jury service under the provisions of this section.

(3) The Registrar shall number the names on the copies of each voters list in such manner that a unique number is allotted to each name on that list.

(4) The Chief Justice shall —

(a) determine the date, place and time for the selection of persons liable for jury service;

(b) nominate a judicial officer to make the selection; and

(c) cause a notice to be published in the Gazette indicating the date, place and time for the selection and the name of the judicial officer nominated.

(5) The judicial officer nominated under subsection (4), on the date and at the place and time determined under that subsection, shall, in premises open to the public, by means of a random number table or by such other method as the Chief Justice may direct, select numbers at random from the voters lists until an equal number of selections, which number shall have been determined by the Chief Justice, have been made from the voters list for each constituency.

(6) The officer making the selection shall, in respect of each number selected in accordance with subsection (5), cause the name cor responding to that number on the voters list in respect of which it was selected to be entered on a list (hereinafter referred to as "the preliminary list"); and the persons whose names are so entered on the preliminary list shall, subject to the provisions of this Act, be liable for jury service.

(7) The officer making the selection shall sign the preliminary list and shall cause three copies thereof to be furnished to the Registrar.

Revision of preliminary list

7 (1) The Registrar shall send copies of the preliminary list to the Registrar General and the Insurance Officer who shall cause—

(a) to be added thereto such particulars of the full name, address, occupation and employer of each person whose name is entered on the list, and such other

relevant in formation in respect of each such person, as the Chair man of the Revising Tribunal may require;

(b) to be deleted therefrom the name of any person who has died or attained the age of sixty-five years.

(2) The Registrar shall cause to be deleted from the preliminary list the name of any person who is known to the Registrar to be disquali fied for jury service under section 2(2) and for the purposes of this sub section the Governor, acting in his discretion, may give such directions as he thinks expedient with respect to the submission of information to the Registrar by the Commissioner of Police, the Commissioner of Prisons and the Chief of Psychiatry.

(3) After the preliminary list has been revised in pursuance of subsections (1) and (2), the Registrar shall furnish to the Chairman of the Revising Tribunal such number of copies thereof as he may require.

(4) In this section "Chief of Psychiatry" means the Chief of Psychiatry appointed under the Bermuda Hospitals Board Act 1970 [title 11 item 26].

[section 7 amended by 1998 : 32 effective 13 July 1998]

Duties of Revising Tribunal

8 (1) It shall be the duty of the Revising Tribunal to sit during such period as the Chief Justice may determine to scrutinize the pre liminary list and to revise the list by deleting therefrom the names of per sons whom the Revising Tribunal are not able to certify —

(a) to be, in their opinion, persons of reputed honesty, in tegrity and intelligence; and

(b) to be, in their opinion, fit and proper persons to serve as jurors.

(2) For the purpose of exercising their functions under this section the Revising Tribunal may summon any person named in the list to appear before them and may conduct such examination of that person as they think fit.

(3) A summons under subsection (2) shall be served personally.

(4) The Revising Tribunal may call upon the Registrar for such advice and assistance as they may deem necessary for the purpose of ex ercising their functions.

(5) Where the Revising Tribunal are able to certify that a person who is qualified for jury service as aforesaid is, by reason of his educa tion, qualifications, occupation or experience, a fit and proper person to be a special juror, then the Revising Tribunal shall record that fact on the preliminary list.

(6) The Revising Tribunal, upon completion of their revision of the preliminary list in accordance with the provisions of this section, shall cause copies of the list as revised by the Revising Tribunal to be signed by the Chairman and forwarded to the Registrar.

Addition of names to approved list

9 The Registrar shall cause to be added to the approved list the name of any common or special juror whose name has been entered on any approved list compiled during the preceding three years and who—

(a) is not disqualified or exempted for jury service under any provision of this Act; and

(b) has not during such period as aforesaid attended in court on a jury summons during any session of the Supreme Court.

Deletion of names from approved list

10 The Registrar shall cause to be deleted from the approved list the names of persons who are exempted from liability for jury service by virtue of the operation of sections 4 and 14 or by virtue of any other pro vision of law.

Publication of approved list

11 (1) The Registrar shall cause a copy of the approved list as amended in accordance with the provisions of sections 9 and 10 to be made available at the General Post Office and at all sub-post offices for inspection by any interested person free of charge and shall cause a no tice to be published in the Gazette —

(a) stating the times during which the list is to be available for inspection;

(b) inviting any person who is aggrieved by the inclusion of his name in the list and who claims to be exempt from, or disqualified for, jury service to apply to the Registrar in the manner provided in section 12; and

(c) stating that every person whose name is included in the list shall be liable to serve as a juror, notwithstanding that he might have claimed exemption or disqualifica tion, if he fails to make such claim within such period as may be specified in the notice.

(2) Every person whose name is included in the approved list

as published in pursuance of the provisions of subsection (1) shall, sub ject to the provisions of section 12, be liable to serve as a juror notwith standing that he may have been entitled by reason of some disqualifica tion or exemption to claim that his name should not be included in the approved list:

Provided that nothing in the foregoing provisions of this subsec tion—

(a) shall affect the right of any person to apply to be ex cused from service as a juror under the provisions of section 15; or

(b) shall be construed as derogating from the provisions of section 18(2).

Application to have name removed from list

12 (1) If any person claims that, owing to some disqualification or exemption, his name should not be included in the approved list he may, within the period specified in the notice published under the provisions of section 11(1), apply in writing to the Registrar to have his name struck off the approved list.

(2) The Registrar shall as soon as may be take each such appli cation into consideration and, within seven days after receiving the ap plication—

(a) where he is satisfied that the applicant is disqualified or exempt from liability for jury service, shall strike off the applicant's name accordingly; and

(b) in every case shall inform the applicant of his decision in the matter.

(3) If the Registrar refuses to comply with an application made under subsection (1) the applicant may, within seven days next after the date on which the refusal of the Registrar is notified to him, apply, by notice in writing to the Registrar, to a Judge in Chambers for a declara tion that his name ought not to be included in the approved list and pending the making of an order by the Judge under subsection (4), the name of the applicant shall be deemed not to be included in the ap proved list.

(4) A Judge in Chambers shall deal with any such application in a summary way and make such order in the matter as appears just, and the Registrar shall govern himself accordingly.

Selection and notification of jurors

13 (1) The Registrar, on such date as the Chief Justice may by notice in the Gazette appoint, shall select in the manner hereinafter pro vided the panel of jurors for any session.

(2) On the day appointed under subsection (1), the Registrar shall, in premises open to the public and in the presence of a justice of the peace nominated by the Chief Justice, by means of a random num ber table or such other method as the Chief Justice may direct, select at random from among all the names on that day included in the approved list—

(a) thirty-six names, to comprise the panel of jurors for that session;

(b) thirty-six names, to comprise stand-by jurors for that session.

(3) Where the Supreme Court or a Judge has ordered that an accused person be tried by a special jury under the provisions of section 518(4) of the Criminal Code, the Registrar shall select at random from among all the names of persons on that day included in the approved list who are special jurors such number of special jurors as, together with the special jurors included in the panel which has been summoned to attend for jury service, will amount in the aggregate to thirty-six.

(4) The Registrar shall advise the Provost Marshal General of the names of the persons selected and returned to serve as jurors or spe cial jurors under subsections (2) and (3), and the Provost Marshal Gen eral shall—

(a) forthwith cause the persons whose names were selected and returned as the panel of jurors to be summoned by notice under his hand to attend at the Supreme Court for jury service at the next session or on and after the first day of the session or on and after such later date as a Judge or the Supreme Court may direct; and

(b) forthwith cause the stand-by jurors to be informed by notice under his hand that their names have been se lected and returned as jurors for the next session of the Supreme Court but that their presence will not be re quired unless they are subsequently notified in writing; and

(c) in the case of special jurors selected under subsection (3) cause them to be summoned to attend at the
Supreme Court for jury service on such date as the Court or a Judge has ordered.

(5) Notwithstanding the provisions of subsection (1) it shall be lawful for the Chief Justice to direct that the Registrar shall select an ad ditional panel of jurors on such day as the Chief Justice may direct and, in any such case the provisions of this section shall apply as if such panel were selected and returned for the appropriate session and as if such day were a day appointed under subsection (1).

Court may exempt juror from service in next 2 years

14 (1) Notwithstanding anything in the provisions of section 4, the Supreme Court, at the conclusion of any trial or, as the case may be, at the close of any session, may, where the Court is satisfied that the ser vice of any person as a juror during that trial or session has been of an exceptional character, by order direct that such person shall be ex empted from liability to jury service for such period (being a period longer than two years) as the Court thinks fit.

(2) The Registrar shall maintain a record of the name of the ju ror concerned and the period of exemption ordered by the Court under the provisions of subsection (1).

Court may excuse persons

15 (1) If any person who has been duly summoned for jury ser vice, or who has attended for jury service, or who has been informed that he has been selected and returned for jury service, shows to the Supreme Court, or to a Judge, that there is good reason why he should be excused from attending to perform all or any part of such jury service, it shall be lawful for the Court, or as the case may be, the judge, to ex cuse that person from so attending.

(2) Where a person has been excused from attending to per form all jury service at a particular session, the Court or a judge may or der that such person shall attend for jury service in the next or any other succeeding session, and such order shall, subject to that person re maining qualified for jury service, have effect as if the name of that per son had been selected and returned for service at that next or other suc ceeding session as a member of the panel of jurors in accordance with the provisions of 13(2).

Stand-by jurors

16 Where—

(a) it is made to appear to the Registrar that a person se lected and returned as a juror at a session of the Supreme Court has died or that it has not been possible to summon him to attend by reason of his absence from Bermuda; or

(b) it is made to appear to the Registrar that a person se lected and returned as a juror at a session of the Supreme Court has been excused from jury service un der section 15,

then in either such case where the person who has died, or (as the case may be) is absent from Bermuda or has been excused, was selected and returned as a member of the panel of jurors, the Registrar shall replace him in that panel by the first available stand-by juror on the list of stand-by jurors and shall give to that stand-by juror such directions as to attendance or otherwise in respect of jury service as may be appropri ate; and the stand-by juror shall thenceforward be treated for all pur poses as if he were a member of the panel of jurors for that session:

Provided that where it becomes necessary to direct a stand-by juror to attend at the Supreme Court for jury service he shall be given not less than forty-eight hours' notice in writing of such requirement.

Procedure where panel exhausted before jury is complete

17 (1) Notwithstanding anything in section 16, where, upon the trial before the Supreme Court of any criminal or civil cause or matter which requires a jury to be empanelled, the panel of jurors available to serve at that particular trial is exhausted before a jury can be empan elled and sworn, then in any such case the Court may, upon the appli cation of either party to the cause or matter, order the Provost Marshal General or any police officer acting in his behalf to summon from among the bystanders then in the court or from elsewhere such number of per sons as is required to complete the jury then to be empanelled and sworn, being persons who appear to the Provost Marshal General or, as the case may be, to the police officer, to be persons qualified and liable for jury service by virtue of the provisions of this Act.

(2) A person summoned under subsection (1) shall, as respects the particular cause or matter in relation to which he was summoned to serve as a juror, for the purposes of this Act and of any other Act relating to the powers and duties of juries, be treated as if he were a member of the panel of jurors selected and returned under this Act for jury service during the session of the Supreme Court during which the trial of the cause or matter in question takes place.

Offences by jurors

18 (1) Any person who without reasonable excuse, the proof of which shall be upon him, fails to comply with any summons or direction duly given to him under section 8, 13, 16 or 17 shall be guilty of an of fence against this Act.

(2) Any person who, knowing or having reasonable cause to believe that he is disqualified for jury service, is sworn as a juror in any cause or matter without having disclosed the nature of such disqualifi cation to the Court before which the cause or matter is to be tried, shall be guilty of an offence against this Act.

(3) Any person who, having been sworn as a juror in any cause or matter, wilfully misconducts himself in carrying out his functions as a juror, shall, without prejudice to any other proceedings which may be taken against him whether in respect of a criminal offence or in respect of a contempt of court, be guilty of an offence against this Act.

(4) A person guilty of an offence against this Act —

(a) shall be liable on conviction by a court of summary ju risdiction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months; or

(b) shall be liable to be dealt with by the Supreme Court as though such offence constituted a contempt of court, so, however, that the Supreme Court shall not impose a fine greater than a fine of two hundred dollars, or imprison ment for a term longer than three months, in respect of each such offence.

Accommodation; refreshment

19 (1) Where the members of a jury are required by the Supreme Court, prior to their being charged, not to separate, then in any such case they shall be entitled to be reasonably accommodated and main tained at the public expense under arrangements to be made by or on behalf of the Registrar acting under the general directions of the Court.

(2) Without prejudice to the provisions of subsection (1), where the members of a jury, having been charged are considering their verdict, they shall be entitled, subject to any directions given by the Supreme Court in the matter, to partake of reasonable refreshment at the public expense, to be procured under arrangements to be made by or on behalf of the Registrar.

Remuneration of jurors

20 (1) Every person returned to serve as a juror at any session of the Supreme Court shall be entitled to be paid out of the Consolidated Fund —

(a) the statutory allowance in respect of each day or part of a day during which he is required to attend, and does duly attend in the Supreme Court; or

(b) the statutory allowance in respect of each day or part of a day during which he is required, by reason of any or der or direction of the Court, to be detained or to act as a juror, notwithstanding that the Court is not sitting on that day.

(2) Without prejudice to the provisions of subsection (1), every person returned to serve as a juror at a session of the Supreme Court and required by reason of his service as a juror to be kept together with other members of a jury during one or more nights during that session shall be entitled to be paid the statutory allowance in respect of each night or part of a night during which the members of the jury are so re quired to be kept together.

(3) For the purposes of subsection (2) the expression "night" shall be deemed to begin at nine of the clock in the evening of each day and to end at nine of the clock in the morning of the next succeeding day.

(3A) "statutory allowance"—

(a) in subsection (1)(a) and in subsection (2) means $10;

(b) in subsection (1)(b) means $25,

or, in each respective case, such greater or lesser fee as the Minister of Finance may by order made in accordance with the affirmative resolution procedure determine.

(4) It shall be the duty of the Registrar at the close of each ses sion of the Court to prepare and certify a return showing the emolu ments falling to be paid to persons who have served as jurors during that session, and to transmit the return to the Accountant-General, who shall then pay out of the Consolidated Fund to the respective persons speci fied in the return the sums therein shown as the sums to which they are entitled.

Name of juror incorrectly stated; amendment

21 Where, before or during a session of the Supreme Court, it is

made to appear to the Court or to a judge that the name of any person returned to serve as a juror at that session has been incorrectly stated in any documents made or issued in connection with the operation of this Act, then in any such case the Court or judge may make such order as to amendments as appear just; and the service as a juror of any person whose name has been so amended shall for the purposes of this or any other Act be as effectual as if his name had been correctly shown in the document prior to its amendment under this section.

Repeal and transitional

22 [omitted]

Amendment

23 [omitted]

Commencement

24 [omitted]

[this Act was brought into operation on 18 March 1972 by GN 13/1972]

FIRST SCHEDULE Section 3

PERSONS EXEMPTED FROM JURY SERVICE

PART I

Ministers and the Secretary to the Cabinet.

Members of the Senate and the Clerk of the Senate.

Members of the House of Assembly and the Clerk and other offi cers of the House of Assembly.

Judges and officers of the Supreme Court and former judges and officers of the Supreme Court.

Magistrates, their clerks and other officers of courts of summary jurisdiction, and former magistrates, clerks and officers of courts of summary jurisdiction.

Coroners.

The Mayors of the Corporations of the City of Hamilton and of the Town of St. George.

Chairman and members of the Revising Tribunal.

Members of Her Majesty's Regular Naval, Military and Air Forces.

Members of the Bermuda Police Service, and former members.

Prison officers, former prison officers and persons engaged in the administration of other places in which persons may lawfully be de tained.

Pilots holding branch under the Marine Board Act 1962 [title 22 item 3].

Consuls and consular agents (excluding honorary consuls and consular agents).

Ministers of religion.

Barristers and attorneys admitted to practise in the Supreme Court and persons employed in an executive capacity in a firm of barris ters and attorneys.

Medical, dental and veterinary practitioners, duly registered.

Members of the Treatment of Offenders Commission.

Justices of the Peace.

Spouses of judges and officers of the Supreme Court, Magis trates, Barristers and attorneys admitted to practise in the Supreme Court, Members of the Bermuda Police Service and Prison officers.

Probation Officers.

Members and former members of the Bermuda Reserve Police.

Members of the Special Court Panel.

[Part 1 of the first schedule amended by 1997:37 effective by notice in Official Gazette]

PART II

Any established or non-established officer whose duties are such that, in the opinion of the Secretary to the Cabinet, he should be exempt from jury service, upon notice being given by the Secretary to the Cabi net.

Any person employed in any of Her Majesty's Naval, Military or Air establishments, upon notice being given by the officer for the time being in command of the establishment in question.

Any person employed in the King Edward VII Memorial Hospital, upon notice being given by the Medical Director of the hospital.

Any person employed in Bermuda by a cable or wireless under-taking (other than a local broadcasting undertaking), upon notice being given by the person for the time being in charge of the administration of the undertaking in Bermuda.

Any person employed on a ship or aircraft regularly plying to places outside Bermuda, upon notice being given by the person for the time being in charge of the administration of the shipping or airline un dertaking in Bermuda.

Any person employed in a public utility whose duties are such that, in the opinion of the person for the time being in charge of such public utility, he should be exempt from jury service, upon notice being given by such person in charge.

SECOND SCHEDULE Section 4

CONSTITUTION ETC. OF THE REVISING TRIBUNAL

1 The Revising Tribunal shall consist of a Chairman and four occasional members.

2 The Chairman shall be appointed by the Governor, acting in his discretion, and shall hold office during the Governor's pleasure, and if for any reason the Chairman of the Tribunal is unable to perform his functions as such, the Governor may appoint another person to act as Chairman until he is able to resume his duties or until he ceases to hold office, whichever event is the earlier.

3 The Chairman shall be entitled to an annual fee at the rate of one hundred and fifty dollars which shall be charged on the Consoli dated Fund.

4 The occasional members of the Tribunal shall be appointed by the Governor, acting in his discretion, from among the justices of the Peace or other responsible householders of each parish and four such occasional members shall be appointed for each parish and shall hold office as such during the Governor's pleasure.

5 The occasional members in respect of any parish shall sit with the Chairman and form the Revising Tribunal for the examination of those portions of the preliminary list which relate to persons resident in the constituencies falling within the parish in respect of which they are appointed as occasional members.

6 In any case where the Revising Tribunal have no personal knowledge relating to any person whose name appears on the prelimi nary list in respect of the constituency under consideration, for the pur pose of issuing the certificate required under section 3(3) they shall ex amine the person concerned and satisfy themselves that he is eligible for jury service under the provisions of section 3(3).

7 If an occasional member for any parish is for any reason unable to attend any sitting of the Tribunal the Governor may appoint another person from that parish to act as occasional member for that parish until the substantive member is able to resume his duties.

8 The Revising Tribunal shall, as respects the performance of their functions under this Act, regulate their own procedure and may fix the times and places of their sittings and may from time to time adjourn as they think fit.

9 No defect in the appointment of the Chairman or any occa sional member or any person acting for them shall vitiate any proceed ings of the Tribunal.

10 No member of the Tribunal (including the Chairman and any acting member or Chairman) shall be liable to any action or suit for anything done by him in good faith as such.

11 Fees shall be paid to members of the Revising Tribunal (including acting Members) in accordance with the provisions of the Gov ernment Authorities (Fees) Act 1971 [title 14 item 6].

THIRD SCHEDULE Section 22

[omitted]

[Amended by:
1973 : 32
1974 : 88
1979 : 31
1987 : 38
1997 : 37
1998 : 32]

Bermuda Consolidated Legislation

Jurors Act 1971