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High Court and District Court Jury Trial Guidelines to apply from 21 August 2023

JURY TRIAL GUIDELINES

  1. The following guidelines will be used for the conduct of jury trials in the High Court and the District Court with effect from 21 August 2023.
  2. These guidelines apply subject to any directions given by the presiding judge in a particular case. The presiding judge may direct that requirements set out in these guidelines do not apply in a particular case if the judge is satisfied that it is in the interests of justice to do so.

Jury Empanelling

  1. The empanelling process will be carried out in accordance with the Jury Rules 1990 and the additional provisions adopted under cl 4 of schedule 2 to the Juries Act 1981. This will include remote pre-balloting of jurors in some cases.
  2. Summonsed jurors will be kept together for the minimum time

Masks

  1. A person present in a jury trial courtroom may wear a KN95 mask or a surgical mask.

Rapid Antigen Testing (RAT)

  1. The presiding judge may direct that some or all of the jurors or other court participants[1] involved in a jury trial are required to take a RAT, if the judge is satisfied that it is reasonably necessary to do so in the interests of justice and to protect health and safety in the courts.

Providing up-to-date information about COVID-19 status to the Court

  1. All court participants and other persons attending the trial must promptly advise the court registry if they test positive for COVID-19.

Consequences of Positive Tests

  1. If a juror or other court participant tests positive for COVID-19, the presiding Judge will determine whether it is appropriate for them to attend court. Whether and how the trial may be able to continue will be a matter for the presiding Judge to determine on a case-by-case basis.

 

 

 

Dated 17 August 2023

 

Hon Justice Susan Thomas

Chief High Court Judge

Judge Jacquelyn Moran

Acting Chief District Court Judge

 

[1] Court participants include parties, jurors, counsel, court staff, witnesses, interpreters, communication assistants, media representatives and any other person who the presiding judge directs should be treated as a participant in the hearing.