Juries Act, 1961

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Number 11 of 1961.

JURIES ACT, 1961.

ARRANGEMENT OF SECTIONS

Number 11 of 1961.

JURIES ACT, 1961.

AN ACT TO REPEAL AND RE-ENACT WITH AMENDMENTS CERTAIN PROVISIONS OF THE JURIES ACT, 1927 , RELATING TO JURIES FOR THE HIGH COURT, THE CENTRAL CRIMINAL COURT AND THE CIRCUIT COURT. [23rd May, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Principal Act. 1927, No. 23.

1.—In this Act “the Principal Act” means the Juries Act, 1927 , as amended and extended by subsequent enactments.

Juries for High Court, Central Criminal Court, Circuit Court and commission de lunatico inquirendo sitting in a county borough.

2.—(1) Every issue, whether civil or criminal, which is triable with a jury by the High Court or a judge thereof sitting in a county borough, by a commissioner under a commission de lunatico inquirendo so sitting or by a judge of the Circuit Court so sitting and every issue which is triable by the Central Criminal Court so sitting shall be triable with a jury called from a panel of jurors drawn partly from the county borough and partly—

(a) where the county borough is the county borough of Dublin, from—

(i) in case an order under this section specifying a jury district or jury districts in the county of Dublin for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(ii) in any other case, the county of Dublin,

(b) where the county borough is the county borough of Cork, from—

(i) in case an order under this section specifying a jury district or jury districts in the county of Cork for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(ii) in any other case, the county of Cork,

(c) where the county borough is the county borough of Limerick, from—

(i) in case an order under this section specifying a jury district or jury districts in the county of Limerick for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(ii) in any other case, the county of Limerick, and

(d) where the county borough is the county borough of Waterford, from—

(i) in case an order under this section specifying a jury district or jury districts in the county of Waterford for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(ii) in any other case, the county of Waterford,

and no such issue shall be tried by such Court, judge or commissioner so sitting with any other jury.

(2) (a) Each of the following counties shall be a county to which this subsection relates:

(i) the county of Dublin,

(ii) the county of Cork,

(iii) the county of Limerick, and

(iv) the county of Waterford.

(b) Where there are two or more jury districts in a county to which this subsection relates, the Minister may by order from time to time, as and when he shall think fit, specify a jury district or jury districts in the county for the purposes of subsection (1) of this section and may at any time, as and when he shall think fit, by order revoke or vary such order.

Juries for High Court, Central Criminal Court and commission de lunatico inquirendo sitting in a county.

3.—(1) Every issue, whether civil or criminal, which is triable with a jury by the High Court or a judge thereof sitting in a county or by a commissioner under a commission de lunatico inquirendo so sitting and every issue which is triable by the Central Criminal Court so sitting shall be triable with a jury called from a panel of jurors drawn from—

(a) in case an order under this section specifying a jury district or jury districts in the county for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(b) in any other case, the county,

and no such issue shall be tried by such Court, judge, or commissioner so sitting with any other jury.

(2) Where there are two or more jury districts in a county, the Minister may by order from time to time, as and when he shall think fit, specify a jury district or jury districts in the county for the purposes of subsection (1) of this section and may at any time, as and when he shall think fit, by order revoke or vary such order.

Juries for Circuit Court sitting in a county.

4.—(1) Every criminal issue which is triable with a jury by a judge of the Circuit Court sitting in a county shall be triable with a jury called from a panel of jurors drawn from—

(a) in case an order under this section specifying a jury district or jury districts in the county for the purposes of this subsection is for the time being in force, the jury district or jury districts so specified, and

(b) in any other case, the county,

and no such issue shall be tried by such judge so sitting with any other jury.

(2) Where there are two or more jury districts in a county, the Minister may by order from time to time, as and when he shall think fit, specify a jury district or jury districts in the county for the purposes of subsection (1) of this section and may at any time, as and when he shall think fit, by order revoke or vary such order.

(3) Every civil issue which is triable with a jury by a judge of the Circuit Court sitting in a county shall be triable with a jury called from a panel of jurors drawn from the jury district in which such judge is sitting at the time of the trial, and no such issue shall be tried by such judge so sitting with any other jury.

Application of Part V of the Principal Act.

5.—Whenever a panel of jurors is lawfully in attendance before a commissioner under a commission de lunatico inquirendo, then, for the purpose of the application of Part V of the Principal Act, the commissioner shall be deemed to be a court and also the judge of such court.

Continuance of orders under section 33 of the Principal Act.

6.—Where there are in force at the commencement of this Act any orders under section 33 of the Principal Act, each such order shall, notwithstanding the repeal of that section by section 8 of this Act, continue in force until the commencement of an order under section 4 of this Act in relation to the county in which the city or town to which the order under the said section 33 relates is situated.

Extension of section 36 of the Principal Act.

7.—Section 36 of the Principal Act shall apply to every sitting of a commissioner under a commission de lunatico inquirendo for the trial of an issue with a jury.

Repeals.

8.—Sections 31, 32, 33, subsection (5) of section 36 and section 65 of the Principal Act are hereby repealed.

Short title, construction, collective citation and commencement.

9.—(1) This Act may be cited as the Juries Act, 1961.

(2) The Juries Acts, 1927 and 1945, and this Act shall be construed together as one Act and may be cited together as the Juries Acts, 1927 to 1961.

(3) This Act shall come into operation on such day as the Minister appoints by Order.