JURIES ACT, 1927

• (2) Whenever a panel of jurors is required to be in attendance in a Court during any sittings and it is made to appear to a Judge of that Court that a juror whose name is entered in such panel is by virtue of this Act or otherwise by law wholly exempt from or disqualified for serving as a juror, such Judge shall exempt such juror from attending as a juror during the whole or the residue (as the case may require) of such sittings.

• (3) Whenever a juror is exempted under this or any other section of this Act (except the next following sub-section of this section) from attendance as a juror, the registrar shall enter in the panel opposite the name of such juror a note of such exemption and its duration.

• (4) Whenever two or more juries drawn from the same panel are required to serve at the same time, any juror actually serving on any such jury shall, for the purpose of drawing any other such jury from such panel in the manner prescribed by this Act, be deemed while so serving to be exempted from attending as a juror.

49 Relief of jurors from unnecessary attendance.

49.—Whenever a panel of jurors is required to be in attendance in a Court during any sittings, the Judge shall take such steps as may be practicable to relieve so far as may be possible the jurors named in such panel from attending in the Court on days on which their services as jurors are not actually required and from waiting in the Court during periods in which they are not actually serving as jurors, and the Judge may for those purposes divide the panel into sections and appoint different days for the attendance of the jurors in the several sections and exempt the jurors included in any such section from attending on the days not so appointed for the attendance of such section.

50 Publication and supply of copies of panel.

50.—(1) Whenever jurors are summoned to attend in a Court during a sittings, a copy of the panel of jurors prepared for that sittings shall be prominently exhibited in a convenient place to which the public have access in the building in which the sittings are held and such panel shall be so exhibited on the first day on which the jurors named in such panel are required to be in attendance in the Court and shall be kept so exhibited thenceforward until the last day of such sittings.

• (2) The empanelling officer or one of the empanelling officers by whom a panel of jurors for the trial of criminal issues is prepared under this Act shall supply on demand one copy of such panel free of charge to any accused person who is intended to be tried with a jury selected from such panel.

• (3) The empanelling officer or any of the empanelling officers by whom a panel of jurors is prepared shall supply a copy of such panel to any person applying for the same within three days before or at any time during the sittings to which such panel relates and paying the prescribed fee therefor.

51 Recovery of fines on jurors.

51.—(1) All fines imposed on jurors under this Act shall be recovered in the same manner as fines imposed by the District Court are for the time being recoverable and all enactments for the time being in force in relation to the recovery of fines imposed by the District Court shall apply to the recovery of fines imposed on jurors under this Act with the substitution of the Court by which such fines are imposed for the District Court, and all such fines when recovered shall be paid into the Exchequer.

• (2) Whenever a fine is imposed on a juror under this Act the master, registrar, or other principal officer of the court or judge by whom the fine was imposed shall forthwith send by post to such juror at his address stated in the panel in which his name appeared when such fine was imposed, a notice in the prescribed form informing him of the imposition of such fine and the opportunity afforded him by this section of obtaining remission thereof, and such juror may within five days after the imposition of such fine apply in person or by letter to such principal officer for a remission of such fine on such grounds as he thinks fit to put forward.

• (3) Such principal officer shall bring every application for remission of a fine made to him under this section to the notice of the judge by whom such fine was imposed or, if such judge is not then in office, to his successor and such judge or his successor (as the case may be) may, if in his opinion justice so requires, remit or reduce such fine either absolutely or subject to such conditions as he thinks proper.

• (4) No fine imposed on a juror under this Act shall be recoverable before the expiration of the period of five days allowed by this section for applying for remission thereof.

52 Mode of swearing a jury.

52.—(1) When swearing a juror the registrar shall call out the juror's name and direct him to take the Testament in his hand and shall then, unless he is challenged and the challenge is allowed, administer the oath to him in accordance with this Act.

• (2) When two or more jurors are being sworn collectively, the registrar shall call out the name of each such juror separately and shall give to each such juror the direction to take the Testament in his hand immediately after calling out his name and before calling out the name of any other juror.

• (3) Any juror who objects to be sworn in the ordinary manner shall make such objection immediately after his name is so called out and before the administration of the oath to him has begun.

• (4) Every challenge of a juror and every direction to a juror to stand-by shall be made immediately after his name is so called out and before the administration of the oath to him has begun.

• (5) If any juror refuses to be sworn or insists on being sworn in a manner not authorised by or by virtue of this Act he shall not be included in the jury then being sworn but the Judge shall impose on him a fine not exceeding ten pounds and not less than five pounds.

• (6) For the purposes of this section the administration of an oath shall be deemed to be begun when the registrar begins to say the words of the oath to the juror being sworn.

• (7) In this section and in the next following section the word “Testament” means, in the case of a Christian, the new Testament and, in the case of a Jew, the Old Testament.

53 Administration of oath to jurors.

53.—(1) In every trial in which the issue or one of the issues is whether a person is or is not guilty of a crime for which the penalty is death, the jurors shall be sworn individually one by one, and in every other trial the jury shall be sworn collectively, that is to say, all the jurors or such number of jurors as may be convenient shall be sworn at the one time, save that any juror who expresses a desire to be sworn individually and any juror who is to be sworn otherwise than in the ordinary manner shall be sworn separately and individually, the other jurors being sworn collectively as aforesaid.

• (2) The ordinary manner of administering the oath shall be as follows:—

The juror or every of the jurors to be sworn shall hold the Testament in his uplifted hand and the registrar shall say to such juror or jurors the words “I swear by Almighty God that _” followed by the appropriate form of oath prescribed by this Act and such juror or jurors shall repeat after the registrar the words so spoken by him.

• (3) The Oaths Act, 1888, and also every Act for the time being in force authorising an oath to be taken in a court of justice in any particular manner shall apply to the oaths required by this Act to be taken by jurors.

• (4) A juror who states that he has a religious belief but that he is neither a Christian nor a Jew may, if the Judge so permits, be sworn in any manner which he states to be binding on him.

• (5) The oath shall be administered to every juror in the ordinary manner without question unless the juror appears to be physically incapable of taking the oath in that manner or voluntarily objects to take the oath in that manner and satisfies the Judge that he is by virtue of this section entitled to take the oath in some other manner.

54 Forms of oaths to be taken by jurors.

54.—(1) Whenever the issue to be tried by the jury is whether an accused person or a number of accused persons is or is not or are or are not guilty of a crime or offence, the form of oath to be administered to the jurors shall be as follows, that is to say:—

“I will well and truly try the issue whether the accused is (or are) guilty or not guilty of the offence (or the several offences) charged in the indictment preferred against him (or her or them) and a true verdict give according to the evidence.”

• (2) Whenever it is intended that more than one such issue as is mentioned in the foregoing sub-section shall be tried by the jury, the oath to be administered to the jurors shall be in the form set out in the foregoing sub-section with the addition thereto of the following words, that is to say:—“and will in every respect so act in relation to all such other accused persons as may be given to me in charge for trial.”

• (3) Whenever the issue to be tried by the jury is whether an accused person is or is not competent to plead, the form of the oath to be administered to the jurors shall be as follows, that is to say:—

“I will well and diligently inquire whether (stating the name of the accused person), the prisoner at the bar, be insane or not and a true verdict give according to the best of my understanding.”

• (4) Whenever the issue to be tried by the jury is whether an accused person who stands mute is mute of malice or by the visitation of God, the form of the oath to be administered to the jurors shall be as follows, that is to say:—

“I will well and truly try whether (stating the name of the accused person), the prisoner at the bar, is mute of malice or by the visitation of God and a true verdict give according to the evidence.”

• (5) Whenever the issue to be tried by the jury is not one of the issues hereinbefore expressly provided for, the form of the oath to be administered to the jurors shall be as follows, that is to say:—

“I will well and truly try all such issues as shall be given to me to try and true verdicts give according to the evidence.”

55 Abolition of challenges to the array.

55.—Challenges to the array are hereby abolished and no such challenges shall be allowed.

56 Challenges to the polls.

56.—Save as provided by this Act no challenge to the polls shall be allowed.

57 Challenges without cause shown.

57.—(1) The following provisions shall apply in every trial of a civil issue which is tried with a jury, that is to say:—

• (a) the plaintiff or, where there are two or more plaintiffs, the plaintiffs jointly may challenge without cause shown three jurors and no more;

• (b) where there are two or more plaintiffs, they shall join in their challenges;

• (c) the defendant or, where there are two or more defendants and they join in their challenges, the defendants jointly may challenge without cause shown three jurors and no more;

• (d) where there are two or more defendants and they do not join in their challenges, every defendant may challenge jurors without cause shown, but the total number of jurors so challenged by defendants shall not exceed three;

• (e) third parties, intervenients, and other such parties shall for the purposes of this sub-section be deemed to be defendants.

• (2) In every trial of a criminal issue which is tried with a jury the following provisions shall apply, that is to say:—

• (a) if there is only one accused person, such person may challenge without cause shown five jurors and no more;

• (b) if there are two or more accused persons, they may join in their challenges and in such case may jointly challenge without cause shown if such persons are accused of murder or treason, ten jurors and no more, in any other case, six jurors and no more;

• (c) if there are two or more accused persons and they do not join in their challenges, they may each challenge jurors without cause shown but the total number of jurors so challenged by such accused persons if they are accused of murder or treason shall not exceed ten and in any other case shall not exceed six.

• (3) In every trial of a criminal issue which is tried with a jury and is not prosecuted at the suit of the Attorney-General of Saorstát Eireann the prosecutor may challenge without cause shown five jurors and no more.

• (4) Whenever a juror is lawfully challenged without cause shown he shall forthwith leave the jury box and shall not be included in the jury.

58 Challenges for cause shown.

58.—(1) In every trial of a civil issue which is tried with a jury any party may challenge for cause shown any number of jurors.

• (2) In every trial of a criminal issue which is tried with a jury the accused person or any of the accused persons may challenge for cause shown any number of jurors.

• (3) In every trial of a criminal issue which is tried with a jury and is not prosecuted at the suit of the Attorney-General of Saorstát Eireann the prosecutor may challenge for cause shown any number of jurors.

• (4) Whenever on the trial of an issue with a jury some of the parties or the accused persons have joined or are required by this Act to join in their challenges they shall make their challenges for cause shown jointly and not severally.

• (5) Whenever a juror is challenged for cause shown such cause shall be shown immediately upon the challenge being made and the Judge shall then allow or disallow the challenge as he shall think proper and such allowance or disallowance shall be final and conclusive.

• (6) Whenever a juror is challenged for cause shown and such challenge is allowed by the Judge, such juror shall forthwith leave the jury box and shall not be included in the jury.

59 Standing-by by Attorney-General.

59.—The following provisions shall have effect in every trial of a criminal issue which is tried with a jury and is prosecuted at the suit of the Attorney-General of Saorstát Eireann, that is to say:—

• (a) the said Attorney-General or the counsel or solicitor representing him may at the time prescribed by this Act direct without cause shown any juror who has not been challenged to stand-by and thereupon such juror shall not then be sworn of the jury;

• (b) if, before or when all the jurors whose names are entered in the panel and who are liable to be called for service in the jury have been called, a jury is obtained without including the jurors who have been directed to stand-by, such last-mentioned jurors shall leave the jury-box as soon as such jury has been so obtained and no such last-mentioned juror shall be included in such jury;

• (c) if, after all the jurors whose names are entered in the panel and who are liable to be called for service in the jury have been called, a jury is not obtained, a sufficient number of the jurors who were so directed to stand-by and are not successfully challenged under the subsequent provisions of this section, shall be sworn and included in the jury in the order in which the cards containing their names were drawn from the box;

• (d) the said Attorney-General or the counsel or solicitor representing him may challenge for cause shown any juror who, having been directed to stand-by, is called to be sworn under the foregoing paragraph;

• (e) whenever a juror is challenged under the foregoing paragraph the cause shall be shown immediately upon the challenge being made and the Judge shall then allow or disallow the challenge as he shall think proper and such allowance or disallowance shall be final and conclusive;

• (f) if any such challenge is so allowed, the juror so challenged shall forthwith leave the jury-box and shall not be included in the jury.

60 View juries.

60.—(1) In the trial of any issue with a jury the Judge may, at any time after the jurors have been sworn and before they have given their verdict, order that the jurors shall have a view of any place specified in the order which in the opinion of the Judge it is expedient for the purposes of the trial that the jurors should see and when any such order is made the Judge may adjourn the trial at such stage and for such time as appears to him to be convenient for the execution of the order.

• (2) In the trial of a civil issue, an order under this section shall only be made on the application of one of the parties to the suit or matter and the expenses of the conveyance of the jurors to and from the place specified in the order shall be paid in the first instance by the party on whose application the order was made but shall be included in his costs of the trial and ultimately borne accordingly.

• (3) In the trial of a criminal issue, an order under this section shall only be made on the application of the prosecutor or of the accused person or of one or more of the accused persons and the expenses of the conveyance of the jurors to and from the place specified in the order shall be paid by the county registrar or other officer acting as registrar to the Court during the trial out of moneys to be provided by the Oireachtas.

• (4) Whenever a Judge makes an order under this section he shall give such directions as shall appear to him to be expedient for the purpose of preventing undue communication with the jurors during the execution of the order, but no breach of any such directions shall be a ground for ordering a new trial.

61 Heating and refreshments for jurors.

61.—(1) The jurors sworn for the trial of any issue shall, on the direction of the Judge, at any time before giving their verdict, be allowed the use of a fire when out of court and also be allowed to obtain reasonable refreshments.

• (2) When jurors are allowed the use of a fire under this section such fire shall be provided by the proper officer of the Court and the expenses thereof shall be paid out of moneys to be provided by the Oireachtas.

62 Payment of jurors.

62.—In every trial of a civil issue, if and when a verdict has been found by the jury, the party in whose favour such verdict is found shall at the conclusion of the trial pay to every juror the sum of five shillings, and the sums so paid shall be included in the costs of such party and be ultimately borne accordingly.

63 Separation of jurors during trial.

63.—(1) In any trial of a criminal issue other than an issue whether a person is or is not guilty of murder, or of treason, or of treason felony, the Judge may, if he so thinks fit, permit the jurors to separate at any time before they consider their verdict in the like way as jurors have heretofore been permitted to separate in the trial of an issue whether a person is or is not guilty of a misdemeanour.

• (2) In every trial of an issue whether a person is or is not guilty of murder, or of treason, or of treason felony, and in every trial of any other criminal issue in which the jurors are not permitted to separate, if the trial is not concluded at the rising of the Court for the day the jurors shall not be permitted to separate and the proper officer shall take such steps as he shall think proper or the Judge shall direct to ensure that the jurors shall not separate and to provide them with suitable accommodation during the night and to enable them to obtain reasonable refreshments.

• (3) In every trial of an issue, whether civil or criminal, tried with a jury the proper officer shall take such steps as he shall think proper or the Judge shall direct to provide the jurors with or to enable them to obtain reasonable refreshments in accordance with the practice heretofore observed during every period for which the Judge may rise during the day without permitting the jury to separate.

• (4) The duties imposed by this section on the proper officer shall be duties in relation to jurors and juries which have heretofore been performed by the under-sheriff within the meaning of section 30 (which relates to the performance of such duties) of this Act, and the said duties so imposed on the proper officer shall accordingly be performed by the officer designated in that behalf by the said section 30 and all expenses in relation to the performance of such duties shall be borne or defrayed in the manner directed by the said section.

64 Death or illness of juror during trial.

64.—Whenever in the course of the trial of any issue, a juror dies or is discharged by the Judge owing to his being incapable through illness or any other cause of continuing to act as a juror, the jury shall, unless the Judge otherwise directs or the number of jurors is thereby reduced below ten, be considered as remaining properly constituted for all the purposes of such trial, and such trial shall proceed and a verdict may be found accordingly.

65 Application of Part V. to certain cases.

65.—(1) Whenever a panel of jurors is lawfully in attendance before the Chief Justice not sitting as a Judge of the High Court then, for the purposes of the application of this Part of this Act, the Chief Justice shall be a court and also the judge of such court.

• (2) Whenever a panel of jurors is lawfully in attendance before an officer of the High Court or of the Chief Justice then, for the purposes of the application of this Part of this Act, such officer shall be a court and also the judge of such court.

PART VI. General.

66 Abolition of special and common juries.

66.—(1) On the passing of this Act every provision in any statute, order, rule of court, or other enactment whereby any person is entitled either generally or in particular circumstances to a special jury shall cease to have effect.

• (2) Every reference in any statute, order, rule of court, or other enactment not repealed or terminated by this Act to a special jury or to a common jury shall be construed and have effect as a reference to a jury under this Act.

67 Non-application of Act to coroners' inquests.

67.—Nothing in this Act shall apply to an inquest held by a coroner by virtue of his office and in this Act the word “jury” does not include a jury at such an inquest and the word “juror” does not include a juror serving on such a jury.

68 Expenses of execution of Act.

68.—Save as is otherwise provided by this Act, all expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

69 Prescription by the Minister.

69.—The Minister may by order prescribe any matter or thing which is in this Act referred to as prescribed or to be prescribed.

70 Repeals.

70.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

71 Definitions.

71.—In this Act—

the expression “the Minister” means the Minister for Justice,

the expression “the Chief Justice” means the Chief Justice of the Irish Free State,

the word “prescribed” (except in Part II. of this Act) means prescribed by the Minister under this Act,

the word “county” means administrative county,

the expression “rateable value” means the annual rateable value under the Valuation Acts,

the word “land” includes lands, tenements, hereditaments, and premises of any description,

the expressions “registration officer,” “registration area,” and “register of electors” have the same meanings as they respectively have in the Electoral Act, 1923 (No. 12 of 1923).

72 Short title.

72.—This Act may be cited as the Juries Act, 1927.

FIRST SCHEDULE. Persons Exempted from Serving as Jurors.

PART I.

Persons Absolutely Exempted.

The Governor-General.

Members of the Oireachtas.

Members of the Defence Forces of Saorstát Eireann on full pay.

Members of the Gárda Síochána.

Persons holding any paid judicial office in Saorstát Eireann.

The Attorney-General of Saorstát Eireann.

The Comptroller and Auditor-General.

Members of the staff of the Oireachtas or either House thereof.

All officers and servants employed in any office attached to a Court of Justice or to the Chief Justice.

Persons holding any public office and paid out of public moneys or holding office under a local authority and paid out of local rates.

Clergymen in Holy Orders and other persons who teach or preach in any religious congregation and do not follow any secular occupation.

Persons in the employment of the Commissioners of Irish Lights.

Barristers-at-law actually practising as such.

Solicitors actually practising as such, including solicitors employed at a salary or otherwise to render services as solicitors exclusively to their employers.

Persons actually employed as clerks on work of a legal character by solicitors who are themselves exempted or entitled to be exempted as such solicitors.

Persons who cannot read or write and persons who from lunacy, imbecility of mind, deafness, blindness or other permanent infirmity are unfit to serve as jurors.

PART II.

Persons Exempted but Entitled to Serve on Appllication.

Women.

Peace Commissioners.

Registered medical practitioners actually practising as such, including registered medical practitioners employed at a salary or otherwise to render medical services exclusively to their employers or to any particular class of persons.

Veterinary surgeons actually practising as such.

Registered dentists actually practising as such.

Pharmaceutical chemists duly registered actually practising as such.

Persons actually employed as professors, schoolmasters or teachers in any university, college, school, or academy.

Masters of vessels actually employed as such.

Duly licensed pilots.

Persons engaged in wholetime employment on the staff of any daily or weekly newspaper as editor (whether chief, subordinate, or special), literary manager, writer of articles, reporter, or artist.

Corporate Members of the Institution of Civil Engineers of Ireland engaged in the active practice of their profession.

SECOND SCHEDULE. Enactments Repealed.