CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2022

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

• (5) A person whom the county registrar for Dublin has refused to excuse may appeal against the refusal to the Circuit Court not later than 21 days after the receipt of the decision of the county registrar under appeal.

• (6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the Circuit Court for the time being assigned to the Dublin Circuit.

• (7) 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 shall be brought, shall be as provided by directions of the President of the Circuit Court.

• (8) The decision of the Court shall be final.

• (9) When a person is required to be in attendance as a juror at a Stardust inquest, the coroner for the coroner’s district of Dublin 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 and may, for good reason, excuse the juror prior to and during the course of a Stardust inquest from further service as a juror at the inquest.

55. Empanelling and summoning of jurors

55. (1) The coroner for the coroner’s district of Dublin may, in writing, request the assistance of the Courts Service and, in particular, that of the county registrar for Dublin, in summoning a jury for the purposes of a Stardust inquest.

• (2) Upon receipt of a request under subsection (1), the county registrar for Dublin, using a procedure of random or other non-discriminatory selection, shall draw up a panel of jurors for a Stardust inquest from the register or registers delivered to him or her under section 10 of the Act of 1976 (omitting persons whom he or she knows or believes not to be qualified as jurors).

• (3) The county registrar for Dublin shall cause a summons (in this Part referred to as a “jury 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 whom he or she has selected as a juror for the Stardust inquest concerned requiring the person—

• (a) to attend as a juror at the location specified in the summons for the reception of jurors for the Stardust inquest concerned on the day and at the time specified in the summons, and

• (b) to thereafter attend at that location or such other location or place as the coroner for the coroner’s district of Dublin may direct, at such times as are directed by that coroner.

• (4) A jury summons served on a person under this section shall be accompanied by a notice informing him or her—

• (a) of the effect of sections 53, 54, 61 and 62,

• (b) that he or she may make representations to the county registrar for Dublin with a view to obtaining a withdrawal of the summons, if for any reason he or she is not qualified for service on the jury for a Stardust inquest or wishes or is entitled to be excused.

• (5) The county registrar shall endeavour to ensure that a jury summons is served on a person not later than 28 days before the date on which the Stardust inquest to which the summons relates is scheduled to commence.

• (6) Every summons to attend at a Stardust inquest as a juror shall be served on behalf of the coroner for the coroner’s district of Dublin.

• (7) Every regulation made by the Minister under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

56. Service of jury summons

56. (1) A jury summons shall be in writing and addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides;

• (c) by sending it by prepaid registered post to the address at which the person ordinarily resides.

• (2) 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 at a Stardust inquest—

• (a) a certificate by the county registrar for Dublin or an officer acting on his or her behalf that the registrar or officer posted a letter containing the summons addressed as provided in subsection (1) shall be evidence of the fact so certified,

• (b) a certificate by the county registrar for Dublin 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, and

• (c) a certificate by the county registrar for Dublin or an officer acting on his or her behalf present when a person summoned to attend as a juror at a Stardust inquest failed to answer his or her name at the time it was called out 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.

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

57. Selection of jury from panel

57. (1) The selection of persons empanelled as jurors to serve on the jury at a Stardust inquest shall be made by the coroner for the coroner’s district of Dublin by balloting in public at the inquest.

• (2) Before the selection is begun the coroner for the coroner’s district of Dublin shall—

• (a) warn the jurors present that they must not serve if they are ineligible or disqualified and as to the penalty under section 62 for doing so, and

• (b) he or she shall invite any person who knows that he or she is not qualified to serve or who is in doubt as to whether he or she is qualified or who may have an interest in or connection with the Stardust inquest concerned to communicate the fact to the coroner (either orally or otherwise as the coroner may direct or authorise) if he or she is selected on the ballot.

• (3) The jury at a Stardust inquest shall be sworn by or before the coroner.

• (4) The foreperson shall be such member as the jurors shall choose and the choice shall be made at such time as the coroner for the district of Dublin may direct or, in the absence of a direction, before the jury return their verdict or make any other communication to the coroner.

58. Additional jurors

58. (1) Notwithstanding section 41 of the Act of 1962 and subject to subsection (2), at any time before the selection of a jury for a Stardust inquest pursuant to section 57 , the coroner for the coroner’s district of Dublin may, on his or her own motion, request the county registrar for the county of Dublin to order that a specified number of persons not exceeding 15 in number be selected to serve as jurors at and sworn in the Stardust inquest concerned.

• (2) The coroner for the coroner’s district of Dublin shall not make a request referred to in subsection (1) unless he or she is satisfied that—

• (a) the duration of the Stardust inquest concerned is likely to exceed 3 months, and

• (b) the selection of additional jurors for the inquest 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 returning a verdict in that Stardust inquest.

• (3) An application referred to in subsection (1) shall be made not later than 10 working days before the selection of a jury in the Stardust inquest concerned begins pursuant to section 57 .

• (4) Where an order is made pursuant to subsection (1), the number of persons specified in the order shall be selected to serve as jurors pursuant to section 57 and sworn in the Stardust inquest concerned.

• (5) Where—

• (a) jurors have been sworn in a Stardust inquest following the making of an order under subsection (1), and

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

the coroner for the coroner’s district of Dublin shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict in the Stardust inquest.

• (6) The selection of jurors to retire and consider the verdict at a Stardust inquest pursuant to a direction under subsection (5) shall be made by balloting in public at the inquest.

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

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

• (b) a juror who is not selected shall be discharged by the coroner for the coroner’s district of Dublin.

• (8) A jury which has been selected pursuant to subsection (6) to retire and consider the verdict at a Stardust inquest shall continue to constitute the jury for the purposes of the inquest and that inquest shall proceed and a verdict may be found accordingly.

59. Discharge of juror

59. (1) Whenever in the course of a Stardust inquest a juror dies or is discharged by the coroner for the coroner’s district of Dublin owing to his or her being incapable through illness or any other cause of continuing to act as a juror, or under subsection (2) or section 54(9), the jury shall, unless the coroner otherwise directs or the number of jurors is thereby reduced below 6, be considered as remaining properly constituted for all the purposes of the inquest and the inquest shall proceed and a verdict may be returned accordingly.

• (2) In a Stardust inquest, the coroner for the coroner’s district of Dublin may at any stage direct that any person summoned or sworn as a juror shall not serve, or shall not continue to serve, as a juror if the coroner considers that, for any stated reason, it is desirable in the interests of justice that he or she should give that direction.

60. Failure of jury to agree

60. If the jury at a Stardust inquest fail to agree on a verdict, the following provisions shall have effect:

• (a) if a majority of the jury agree on a verdict, the verdict shall be accepted by the coroner for the coroner’s district of Dublin, and

• (b) in any other case, the coroner for the coroner’s district of Dublin shall discharge the jury and may hold a new inquest.

61. Jury service by employees and apprentices

61. (1) For the purposes of any contract of service or apprenticeship or any agreement collateral thereto (including a contract or agreement entered into before the passing of this Part), a person shall be treated as employed or apprenticed during any period when he or she is absent from his or her employment or apprenticeship in order to comply with a jury summons.

• (2) Any provision contained in any such contract or agreement shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of the payment of salary or wages to the employee or apprentice during any such absence.

62. Offences

62. (1) Any person who, having been duly summoned as a juror under this Part, fails without reasonable excuse to attend in compliance with the jury summons or to attend on any day when required by the coroner for the coroner’s district of Dublin shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (2) A person shall not be guilty of an offence under subsection (1) in respect of failure to attend in compliance with a summons unless the jury summons was served at least 28 days before the date specified therein for his or her first attendance.

• (3) A juror who, having attended in pursuance of a jury summons, is not available when called upon to serve as a juror at a Stardust inquest, or is unfit for service by reason of drink or drugs, shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (4) If any person who has been duly summoned as a juror under this Part makes or causes or permits to be made on his or her behalf a false representation to the county registrar or any person acting on his or her behalf, or to the coroner for the coroner’s district of Dublin, with the intention of evading service on the jury at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (5) If any person makes or causes or permits to be made on behalf of another person duly summoned as a juror a false representation in order to enable that other person to evade service on the jury at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (6) If any person refuses without reasonable excuse to answer, or gives an answer known to him or her to be false in a material particular, or recklessly gives an answer that is false in a material particular, when questioned by the coroner for the coroner’s district of Dublin for the purpose of determining whether that person is qualified to serve as a juror at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (7) Any person who serves on the jury at a Stardust inquest knowing that he or she is ineligible for such service shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

• (8) Any person who serves on the jury at a Stardust inquest knowing that he or she is disqualified from such service shall be guilty of an offence and shall be liable on summary conviction to a class C fine.

• (9) Any person who, on being called upon to be sworn as a juror under this Part, refuses to be sworn in a manner authorised by this Part or otherwise by law shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

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