Excluded after an offence
People convicted of certain offences or serving a prison term are among those excluded from the jury roll, in terms of the Jury Amendment Act 2010. Certain offenders are excluded for life from jury service. Other offenders are excluded for a limited time only.
Excluded from jury service for life
People excluded from jury service for life are those found guilty or convicted of:
- An offence punishable with life imprisonment if committed in New South Wales. This is regardless of where the offence was committed.
- a terrorist act in terms of the Terrorism (Police Powers) Act 2002
- an offence under Part 7 (Public justice offences) of the Crimes Act 1900
- a sexual offence in terms of section 7 of the Criminal Records Act 1991
Excluded from jury service for a set time
Those excluded from jury service for a set time include all people who are currently serving a prison sentence or are being detained in New South Wales or elsewhere. In many instances they qualify for jury service a few years after completing their sentence.
Adult offenders
People over 18 years old currently serving a prison sentence in New South Wales or elsewhere are excluded from jury service.
A sentence of imprisonment includes:
- periodic detention or home detention order under the Crimes (Sentencing Procedure) Act 1999,
- a suspended sentence of imprisonment,
- compulsory drug treatment detention in terms of the Crimes (Administration of Sentences) Act 1999,
- a suspended sentence of imprisonment
- probation or parole after serving part of a sentence of imprisonment.
People who have completed a sentence of imprisonment are excluded from jury service for:
- seven years after serving a prison sentence of less than three consecutive months
- ten years after serving a prison sentence of three consecutive months or more.
People in custody or preventative detention, awaiting trial and other categories
People are excluded from jury service during any period in which they are:
- in custody in terms of section 249 of the Crimes (Administration of Sentences) Act 1999
- awaiting trial, sentence, or the determination of appeal proceedings for an offence for which they have been found guilty or convicted
- subject to a preventative detention order in terms of Part 2A of the Terrorism (Police Powers) Act 2002 or
- subject to a control order or interim control order under Division 104 of the Criminal Code of the Commonwealth
- a registrable person in terms of Child Protection (Offenders Registration) Act 2000
- bound to participate in the program under the Pre-Trial Diversion of Offenders Act 1985,
- subject to a limiting term under the Mental Health (Forensic Provisions) Act 1990
- detained in a hospital or other place under Division 6 of Part IB of the Crimes Act 1914 of the Commonwealth.
People bound by court orders
People are excluded from jury service while bound by an order made in New South Wales or elsewhere following a criminal charge or conviction.
Orders include:
- an apprehended violence order in terms of the Crimes (Domestic and Personal Violence) Act 2007
- a community service order or order under section 9, 10 or 11 of the Crimes (Sentencing Procedure) Act 1999
- an extended supervision order, a continuing detention order or an interim detention order under the Crimes (High Risk Offenders) Act 2006
- a non-association order or place restriction order under the Crimes (Sentencing Procedure) Act 1999
- a prohibition order or contact prohibition order under the Child Protection (Offenders Prohibition Orders) Act 2004
- an order under section 7A of the Drug Court Act 1998
- an intervention program order under the Crimes (Sentencing Procedure) Act 1999
Juvenile offenders
People found guilty of an offence committed when they were under 18 years old, are excluded from jury service while being detained in a detention centre, other institution for juvenile offenders or correctional centre.
Being detained in a detention centre or other institution for juvenile offenders includes:
- being subject to a suspended detention order
- being on probation or parole after serving part of a period of detention
People who have completed a period of detention for an offence committed when they were under 18 are excluded from jury service for three years after the expiry of the period of detention.
Disqualified drivers
People are excluded from jury service during any period of 12 months or more during which they are disqualified by a court from holding a driver's licence.
Undischarged bankrupts
People who are undischarged bankrupts are excluded from jury service during the period of their bankruptcy.
