Section 68A Jury Act 1977
Soliciting Information from or Harassing Jurors or Former Jurors

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Section 68A of the Jury Act 1977 makes it an offence to solicit information from, or harass, a juror or former juror for the purpose of obtaining information about:

  • the deliberations of a jury, which includes statements made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations, or
  • how a juror, or the jury, formed any opinion or conclusion in relation to an issue arising in a trial or coronial inquest.

The maximum penalty for the offence is 7 years in prison.

The section makes clear that it is not an offence to solicit information from a juror or former juror in accordance with an authority granted by the Attorney General for the conduct of a research project into matters relating to juries or jury service.

Nor does not prohibit any of the following bodies or persons from soliciting information from a juror or former juror for the purposes of an investigation or prosecution of a contempt of court or an offence relating to a juror or a jury:

  • a court, including any tribunal, authority or person having power to require the production of documents or the answering of questions,
  • the New South Wales Crime Commission,
  • the Independent Commission Against Corruption,
  • the Law Enforcement Conduct Commission,
  • the Australian Crime Commission,
  • the Director of Public Prosecutions,
  • the NSW Police Force, or
  • the Australian Federal Police.

It is also not an offence under the section for a juror to solicit information from another juror during the same trial or inquest.

The Legislation

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