Courts Act 1971

Section 40.

SCHEDULE 4 Juries : Consequential and Transitional Provisions

Amendments of [1922 c. 11.] Juries Act 1922

1 (1) The Juries Act 1922 shall be amended as follows.

(2) In section 1(5) for the words from " to be notified " to the end of the subsection substitute " to be notified to the appropriate officer and to the registration officer, and for authorising the appropriate officer to make the necessary correction in the jurors book ".

(3) In section 1(8) (delivery of jurors book to sheriff of the county) for the words from " to the sheriff of the county " to the end of the subsection substitute " to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor ".

(4) In section 1(11) for the word " sheriff " substitute " any officer appointed by the Lord Chancellor " and for the words from "to the same penalty" to the end of the subsection substitute " on summary conviction to a fine not exceeding £50 ".

(5) In section 6(1)(d) for " the sheriff" substitute " the appropriate officer ".

(6) In section 7, before the definition of " prescribed " insert—

• “The expression ' appropriate officer' means such officer as may be designated by or on behalf of the Lord Chancellor for the purposes of this Act, or of the relevant provision of this Act”.

(7) In section 8(2)(b) for the words from " as a juror" to " at assizes " substitute " as a juror on any jury in the Crown Court, the High Court ".

City of London

2 (1) The Town Clerk of the City of London shall deliver the jurors book prepared by him, as soon as may be after it has been prepared, to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor.

(2) Subject to sub-paragraph (1) above, nothing in this Act shall alter or affect the preparation of jury lists or the jurors book in the City of London.

(3) In section 50 of the [1825 c. 50.] Juries Act 1825 for the words from " Provided always " to " said city " (where it first occurs) substitute " No person shall be included in jury lists for the city of London ".

Challenge of jurymen

3 (1) The transfer of responsibility for summoning jurors to officers appointed by the Lord Chancellor shall not affect the right of challenge to the array, that is to say the right of challenge on the ground that the person responsible for summoning the jurors in question is biased or has acted improperly.

(2) In section 27 of the Juries Act 1825 for the words " any of the courts herein-before mentioned " substitute " the Crown Court or the High Court or a county court ", and in section 29 of that Act for those words substitute " the Crown Court ".

Venire de novo

4 A writ or order of venire de novo shall no longer be addressed to the sheriff and shall be in such form as the court considers appropriate.

View by jurors

5 Crown Court rules, and rules of court for civil cases, may make provision as respects views by jurors, and the places to which a juror may be called on to go to view shall not be restricted to any particular county or other area.

Consequential amendment of local Acts

6 The Lord Chancellor may by order contained in a statutory instrument subject to annulment in pursuance of a resolution in either House of Parliament make such amendments or repeals of any provision of any local Act as appears to him necessary or expedient in consequence of the provisions of this Act about trial by jury, juries and jurors.

Transitional

7 (1) The Lord Chancellor may by order contained in a statutory instrument make such provision as appears to him necessary or expedient for the transition to the provisions of this Act about trial by jury, juries and jurors from the enactments and rules of law replaced by those provisions, and may in particular by such an order provide for transitory modifications or adaptations of those provisions of this Act, or of the law which those provisions replace.

(2) Without prejudice to sub-paragraph (1) above, on the repeal of sections 40 and 41 of the [1825 c. 50.] Juries Act 1825 by this Act every sheriff or other officer holding a register or list prepared under those sections of persons who have served as jurors in the preceding three years shall transmit those registers or lists to the appropriate officer at such place or places as the Lord Chancellor may direct.

(3) A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.