Statutes Amendment (Criminal Proceedings) Bill 2025 (SA)

South Australia Statutes Amendment (Criminal Proceedings) Bill 2024 A Bill For An Act to amend the Courts Administration Act 1993, the Juries Act 1927 and the Sentencing Act 2017.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Courts Administration Act 1993 3 Amendment of section 23A—Annual report Part 3—Amendment of Juries Act 1927 4 Insertion of section 16A 16A Judge may excuse juror or prospective juror from attendance on safety or welfare grounds Part 4—Amendment of Sentencing Act 2017 5 Amendment of section 21—Presence of defendant during sentencing proceedings

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Criminal Proceedings) Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Courts Administration Act 1993 3—Amendment of section 23A—Annual report Section 23A(2)—after paragraph (g) insert: and (h) information setting out— (i) the number of times the Sheriff applied to have a person excused from jury service; and (ii) the number of times a person was excused from jury service, in accordance with section 16A of the Juries Act 1927 during the previous financial year.

Part 3—Amendment of Juries Act 1927 4—Insertion of section 16A After section 16 insert: 16A—Judge may excuse juror or prospective juror from attendance on safety or welfare grounds (1) A judge may, by notice in writing, excuse a person summoned to render jury service but not serving on a jury in the course of a criminal trial from attendance or further attendance in compliance with the summons on the ground that the attendance of the person poses or would pose a risk to the safety or welfare of another person. (2) A person may be excused under subsection (1) on an application by the sheriff or on the judge's own initiative. (3) The judge may, as a condition of excusing a person under this section, order that— (a) the name of the person be included amongst the names of jurors to be summoned for jury service at a specified subsequent time; or (b) the person attend in compliance with the summons at a specified subsequent time and specified place or at a time and place to be directed by the sheriff.