Parliament: Parliamentary Initiatives

Draft Bill: Juries (Entitlement to Interpreter) Amendment Bill 2016

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Juries (Entitlement to Interpreter) Amendment Bill 2016

A BILL FOR
An Act to amend the Juries Act 1927; to make related amendments to the Criminal Law
Consolidation Act 1935
; and for other purposes.

Contents
Part 1—Preliminary
1          Short title
2          Amendment provisions

Part 2—Amendment of Juries Act 1927
3          Amendment of section 3—Interpretation
4          Amendment of section 13—Ineligibility for jury
5          Insertion of Part 4A

Part 4A—Interpreter assistance
26 Entitlement of juror to be assisted by interpreter

6          Amendment of section 89—Power to make rules

Schedule 1—Related amendments

Part 1—Preliminary
1          Amendment provisions

Part 2—Related amendments to Criminal Law Consolidation Act 1935

2          Amendment of section 245—Offences relating to jurors
3          Amendment of section 247—Harassment to obtain                   information about jury’s deliberations
4          Amendment of section 248—Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Juries (Interpreters) Amendment Act 2016.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act
amends the Act so specified.

Part 2—Amendment of Juries Act 1927

3—Amendment of section 3—Interpretation

Section 3(1)—after the definition of criminal trial insert:

interpreter includes an Auslan interpreter;

language includes Auslan;

4—Amendment of section 13—Ineligibility for jury

Section 13(b)—before “has insufficient” insert:
is not assisted by an interpreter and

5—Insertion of Part 4A
After Part 4 insert:

Part 4A—Interpreter assistance


26—Entitlement of juror to be assisted by interpreter

(1) A person summoned to render jury service is entitled to be assisted
by an interpreter while rendering that jury service (including while
serving on a jury) if—

(a) the person is not sufficiently fluent in the English language
to properly carry out the duties of a juror; and

(b) the person is sufficiently fluent in another language such
that the person may properly carry out the duties of a juror
with the assistance of an interpreter.

(2) A person may only act as an interpreter—

(a) if the person takes an oath or makes an affirmation to
interpret accurately; and

(b) in a case where a party to the proceeding disputes the
person’s ability or impartiality as an interpreter, if the judge is satisfied as to the person’s ability and impartiality.

6—Amendment of section 89—Power to make rules

Section 89(2)—after paragraph (c) insert:

(ca) make any provision in relation to the use of interpreters to assist
jurors in criminal trials; and

Schedule 1—Related amendments

Part 1—Preliminary
1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.

Part 2—Related amendments to Criminal Law Consolidation     Act 1935

2—Amendment of section 245—Offences relating to jurors

Section 245—after subsection (5) insert:

(6) A person who is appointed as an interpreter to assist a juror in
judicial proceedings must not act in a way that might improperly
influence the outcome of judicial proceedings.
Maximum penalty: Imprisonment for 10 years.

3—Amendment of section 247—Harassment to obtain information about jury’s deliberations

Section 247—after subsection (1) insert:

(2) A person who, for the purpose of obtaining information about the deliberations of a jury in judicial proceedings, harasses an interpreter assisting a juror in the proceedings is guilty of an offence.

Maximum penalty:

In the case of a body corporate—$25 000.
In any other case—$10 000 or imprisonment for 2 years.

4—Amendment of section 248—Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

Section 248(4)(b)(ii)—after “juror” insert:

, interpreter assisting a juror