Juries Act , 1976

PART I Preliminary

1. Short title.

1.—This Act may be cited as the Juries Act, 1976.

2. Interpretation.

2.—(1) In this Act—

“county” means an administrative county;

F1["court office" has the same meaning as it has in section 13 of the Courts and Court Officers Act 2009;

"designated court office" means the court office standing designated pursuant tosection 4A;]

“jury summons” means a summons under section 12;

F1["relevant member of staff" means a member of the staff of the Courts Service for the time being assigned to the designated court office;]

“the Minister” means the Minister for Justice.

(2) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment, including this Act.

(3) (a) A reference in this Act to a section or Schedule as a reference to a section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(b) A reference in this Act to a subsection is a reference to the subsection of the section in which the reference occurs unless it is indicated that reference to some other provision is intended.

3. Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. Repeals.

4.—Each enactment mentioned in the Second Schedule is hereby repealed to the extent specified in column (3) of that Schedule.

4A. F2[Designated court office

4A.(1) The Courts Service may designate a court office as the designated court office for the purposes of this Act.

(2) The Courts Service may, at any time after designating a court office undersubsection (1), revoke that designation.

(3) There shall be employed in a designated court office such and so many members of the staff of the Courts Service as the Courts Service shall from time to time determine.

(4) The Courts Service shall, as soon as may be after it designates a court office under this section or revokes such a designation, publish notice of that fact in Iris Oifigiúil, but failure to so publish shall not affect the validity of the designation or revocation of the court office concerned.]

PART II Qualification and Liability for Service as a Juror

5. Jury districts.

5.—(1) Subject to the provisions of this section, each county shall be a jury district and for this purpose the county boroughs of F3[…] Cork, Limerick and Waterford shall be deemed to form part of the counties of F3[…] Cork, Limerick and Waterford respectively F4[and the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown shall form one jury district].

(2) The Minister may by order divide a county into two or more jury districts or limit a jury district to a part or parts of a county.

(3) The Minister may by order revoke or vary an order under this section.

(4) Every issue that is triable with a jury shall be triable with a jury called from a panel of jurors drawn from the jury district in which the court is sitting.

6. Qualification and liability for jury service.

6.—Subject to the provisions of this Act, every citizen aged eighteen years or upwards F5[…] who is entered in a register of Dáil electors in a jury district shall be qualified and liable to serve as a juror for the trial of all or any issues which are for the time being triable with a jury drawn from that jury district, unless he is for the time being ineligible or disqualified for jury service.

7. Ineligibility.

7.—F6[(1)] The persons specified in Part I of the First Schedule shall be ineligible for jury service.

F7[(2) A person who is deaf shall not be ineligible for jury service by reason only of his or her requiring the services of a sign language interpreter for the purpose of enabling him or her to perform the duties of a juror effectively.]

8. Disqualification.

8.—A person shall be disqualified for jury service if on conviction of an offence in any part of Ireland—

(a) he has at any time been sentenced to imprisonment or penal servitude for life or for a term of five years or more or to detention under section 103 of the Children Act, 1908, or under the corresponding law of Northern Ireland, or

(b) he has at any time in the last ten years—

(i) served any part of a sentence of imprisonment or penal servitude, being, in the case of imprisonment, a sentence for a term of at least three months, or

(ii) served any part of a sentence of detention in Saint Patrick's Institution or in a corresponding institution in Northern Ireland, being a sentence for a term of at least three months.

9. Excusal from service.

9.—(1) A county registrar shall excuse any person F8[who has been summoned] as a juror under this Act if—

(a) that person is one of the persons specified in Part II of the First Schedule and informs the county registrar of his wish to be excused, or

(b) that person shows to the satisfaction of the county registrar that he has served on a jury, or duly attended to serve on a jury, in the three years ending with the service of the summons on him, or

(c) that person shows to the satisfaction of the county registrar that, at the conclusion of a trial, a judge of any court has excused him from jury service for a period that has not terminated.

(2) A county registrar may excuse any person F9[who has been summoned] as a juror from attendance during the whole or any part of the sittings in question if that person shows to the registrar's satisfaction that there is good reason why he should be so excused.

(3) If a person summoned as a juror under this Act is unable, owing to illness or any other reason, to make any representation to a county registrar under subsection (1) or (2), another person may make the representation on his behalf.

(4) A person whom the county registrar has refused to excuse may appeal against the refusal to the court at which he has been summoned to attend.

(5) The procedure for the appeal, including the designation of the judge to hear the appeal, and the time within which and the manner in which it should be brought, shall be as provided by directions of the President of the High Court and the President of the Circuit Court respectively.

(6) The decision of the court shall be final.

(7) When a person is required to be in attendance as a juror at a court during a sitting, the judge shall have the same duty or discretion, as the case may be, as that imposed or conferred on the county registrar under this section to excuse that person from attendance or further attendance. The judge may also, for good reason, excuse the juror during the course of a trial from further service as a juror in the trial.

(8) The judge of any court may, at the conclusion of a trial of an exceptionally exacting nature, excuse the members of the jury from jury service for such period as the judge may think fit.

PART III Selection and Service of Jurors

10. Supply of electoral registers.

10.—F10[For the purpose of enabling a relevant member of staff authorised in that behalf by the Chief Executive Officer of the Courts Service to empanel and summon jurors, each county council, city council and city and county council, as registration authority (within the meaning of section 6 of the Electoral Act 1992), shall as soon as practicable after the publication of each register of Dáil electors for the county, city or city and county deliver to the designated court office such number of copies of the register as the designated court office may require.]

11. Empanelling of jurors.

F11[11.—A relevant member of staff duly authorised in that behalf by the Chief Executive Officer of the Courts Service, using a procedure of random or other non-discriminatory selection, shall draw up a panel of jurors for one or more courts within each jury district from the register or registers relating to the jury district concerned delivered to the designated court office undersection 10(omitting persons whom he or she knows or believes not to be qualified as jurors).]

12. Summoning of jurors.

12.—F12[(1) A relevant member of staff authorised in that behalf by the Chief Executive Officer of the Courts Service shall cause a summons in writing and in both the Irish and English languages, in such form as the Minister may by regulations prescribe, to be served on every person who has been selected as a juror pursuant tosection 11requiring the person—

(a) to attend as a juror at the court in question or other place specified in the summons for the reception of jurors on the day and at the time specified in the summons, and

(b) to thereafter attend at that court or place, as the case may be, or such other court or place as the court may direct, at such times as are directed by—

(i) the court, or

(ii) a relevant member of staff, where the member of staff is authorised to do so by the court.]

(2) A jury summons served on a person under this section shall be accompanied by a F13[notice in writing and in both the Irish and English languages] informing him—

(a) of the effect of sections 6, 7, 8, 9(1), 35 and 36, and

(b) that he may make representations to F13[the county registrar for the jury district in which the court in question is located] with a view to obtaining a withdrawal of the summons, if for any reason he is not qualified for jury service or wishes or is entitled to be excused.

13. Service of jury summons.

13.—(1) A jury summons may be sent by post or delivered by hand.

(2) For the purposes of section 18 of the Interpretation Act, 1937, a letter containing a jury summons shall be deemed to be properly addressed if it is addressed to the juror at his address as shown in the current register of Dáil electors.

(3) In any proceedings for an offence of non-attendance in compliance with a jury summons or of not being available when called upon to serve as a juror—

F14[(a) where the summons was issued prior to the coming into operation of section 24 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023—

(i) a certificate by the county registrar or an officer acting on his or her behalf that the registrar or officer posted a letter containing the summons addressed as provided insubsection (2)shall be evidence of the fact so certified, and

(ii) a certificate by the county registrar or an officer acting on his or her behalf or a member of the Garda Síochána that he or she personally delivered the summons to the juror on a specified date shall be evidence of the fact so certified,]

F15[(b) where the summons was issued after the coming into operation of section 24 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023—

(i) a certificate by a relevant member of staff that the member of staff posted a letter containing the summons addressed as provided insubsection (2)shall be evidence of the fact so certified, and

(ii) a certificate by a relevant member of staff or a member of the Garda Síochána that he or she personally delivered the summons to the juror on a specified date shall be evidence of the fact so certified, and]

F16[(c) a certificate by—

(i) the registrar or other officer acting as registrar of a court, or

(ii) a member of the staff of the Courts Service duly authorised in that behalf by the Chief Executive Officer of the Courts Service,

present when a person summoned to attend as a juror in that court failed to answer to his or her name at the time it was called out in that court or at the place specified in the summons shall be evidence, unless the contrary is proved, that that person failed to attend in compliance with the summons, or was not available when called on to serve, as the case may be.]

(4) A document purporting to be a certificate under this section of a county registrar, or officer acting on his behalf, officer of a court or member of the Garda Síochána and to be signed by him shall be deemed, for the purposes of this section, to be such a certificate and to be so signed unless the contrary is proved.

14. Summoning of jurors to make up deficiency.

14.—(1) If it appears to a judge of a court that a jury to try any issue before the court will or may be incomplete, the judge may require any persons (being persons qualified and liable to serve as jurors in that court) to be summoned by F17[a relevant member of staff of Courts Service duly authorised in that behalf by the Chief Executive of the Courts Service] in order to make up the number needed.

(2) The judge shall specify the area from which persons may be summoned (which may be the area in the vicinity of the court) and the method of summons, whether by written notice or otherwise.

(3) Section 9 shall apply to persons summoned under this section except that there shall not be an appeal from the county registrar.

(4) The names of persons summoned under this section shall be added to the panel of jurors.

15. Selection of jury from panel.

15.—(1) The selection of persons empanelled as jurors to serve on a particular jury shall be made by balloting in open court.

(2) The power of summoning jurors under section 14 may be exercised after balloting has begun, as well as earlier, and if it is exercised after balloting has begun the judge may dispense with balloting for persons summoned under that section.

(3) Before the selection is begun the judge shall warn the jurors present that they must not serve if they are ineligible or disqualified and as to the penalty under section 36 for doing so; and he shall invite any person who knows that he is not qualified to serve or who is in doubt as to whether he is qualified or who may have an interest in or connection with the case or the parties to communicate the fact to the judge (either orally or otherwise as the judge may direct or authorise) if he is selected on the ballot.

(4) The foreman shall be such member as the jurors shall choose and the choice shall be made at such time as the judge may direct or, in the absence of a direction, before the jury bring in their verdict or make any other communication to the judge.

15A. F18[Additional jurors

15A.—(1) Subject tosubsection (2), at any time before the selection of a jury in a trial of a criminal issue begins pursuant tosection 15, a judge of the Circuit Court or the Central Criminal Court, as the case may be, may, on his or her own motion or on the application of the prosecution or the accused person, order that a specified number of persons not exceeding 15 in number be selected to serve as jurors and sworn in the trial concerned.

(2) A judge shall not make an order referred to insubsection (1)unless the judge is satisfied that—

(a) the duration of a trial is likely to exceed 2 months, and

(b) the selection of additional jurors for the trial is an appropriate means of ensuring that there will be a sufficient number of jurors for the jury to remain properly constituted for the purposes of giving a verdict in that trial.

(3) An application referred to insubsection (1)shall be made—

(a) not later than 10 working days before the selection of a jury in the trial of a criminal issue begins pursuant tosection 15, and

(b) on notice—

(i) where the application is made by the prosecution, to each accused person in the trial, or

(ii) where the application is made by an accused person in that trial, to the prosecution and any other accused person in the trial concerned.

(4) Where an order is made pursuant tosubsection (1), the number of persons specified in the order shall be selected to serve as jurors pursuant tosection 15and sworn in the trial concerned.

(5) Where—

(a) jurors have been sworn in the trial of a criminal issue following the making of an order undersubsection (1), and

(b) immediately before the jury in the trial retires to consider its verdict the jury comprises more than 12 jurors,

the judge shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict in the trial.

(6) The selection of jurors to retire and consider the verdict in a trial pursuant to a direction undersubsection (5)shall be made by balloting in open court.

(7) Where a ballot is held pursuant to subsection (6)—

(a) a juror who is selected shall retire to consider the verdict in the trial concerned, and

(b) a juror who is not selected shall be discharged by the judge.

(8) A jury which has been selected pursuant tosubsection (6)to retire and consider the verdict in a trial shall continue to constitute the jury for the purposes of the trial and that trial shall proceed and a verdict may be found accordingly.]

16. Inspection of jury panel.

16.—(1) Every person shall be entitled to reasonable facilities to inspect a panel of jurors free of charge and a party to any proceedings, civil or criminal, to be tried with a jury shall be entitled to a copy free of charge on application to F19[the designated court office].

(2) The rights under subsection (1) shall be exercisable at any time between the issue of the summonses and the close of the trial or the time when it is no longer possible to have a trial with a jury.

(3) The panel referred to in subsection (1) is the panel as prepared for and in advance of the sittings, including any supplemental panel so prepared, and it shall not be necessary to indicate in it that any of the persons in it have been excused in the meantime, or to include any persons summoned under section 14.

(4) The right to inspect the panel shall, however, include a right to be shown, on request, all alterations to the panel and the names of any persons summoned under section 14 and, on request, to be told of any excusals.

17. Mode of swearing a jury.

17.—(1) When swearing a juror the registrar or other officer acting as registrar shall call out the juror's name and direct him to take the Testament in his hand and shall administer the oath to him in accordance with sections 18 and 19.

(2) The jurors shall be sworn separately.

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