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Juries Act 1981

Sequestration, separation, retirement, and non-communication

29B: Retirement and non-communication

You could also call this:

"What happens when a jury retires to discuss a case"

Illustration for Juries Act 1981

When you are on a jury, you will retire to consider your verdict. You must be kept in a private place with enough heating and lighting, and you can have reasonable refreshments. You can also go to a public place for refreshments if the court agrees. You must not discuss the case with anyone except when you are deliberating with the other jurors. If you do not follow these rules, it does not affect the case, but the court can take action if they find out. The court can discharge the jury and get a new one, or postpone the trial if they think it is necessary for justice. A member of the court registry staff, including the Registrar, will be in charge of you when you retire. You can be taken to a different place for refreshments, but you must still follow the rules. The court will make sure you have what you need while you are considering your verdict.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1782648.

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Topics:
Crime and justice > Courts and legal help
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29A: Routine sequestration on deliberation abolished, or

"Juries don't have to stay together overnight while deciding a verdict."

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29C: Criminal cases, or

"What happens in a criminal trial when jurors don't all agree"

29BRetirement and non-communication

  1. If the jury retires to consider its verdict, the jurors must be kept under the charge of 1 or more members of the court registry staff in some private place provided with sufficient heating and lighting, and allowed to have reasonable refreshment.

  2. However, for the purpose of having refreshment the jurors may with the court’s consent be taken under the charge of 1 or more members of the court registry staff to a place of public refreshment instead of remaining in a private place.

  3. Subsections (1) and (2) do not apply to any period during which the jurors are permitted to separate under section 29A.

  4. After retiring to consider their verdict and until returning a verdict or being discharged, the jurors must not discuss the case except in the course of their deliberations.

  5. Failure to comply with the requirements of this section does not affect the validity of the proceedings.

  6. However, if a failure of that kind is discovered before the verdict of the jury is returned, the court may, if it considers that the failure makes it highly expedient for the ends of justice to do so,—

  7. discharge the jury and direct a new jury to be sworn or empanelled during the sitting of the court; or
    1. postpone the trial on any terms justice requires.

      1. In this section, member of the court registry staff includes the Registrar.

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      Notes
      • Section 29B: inserted, on , by section 18 of the Juries Amendment Act 2008 (2008 No 40).