INALIENABLE RIGHT TO TRIAL BY JURY ACT 2010

1 Oct

INALIENABLE RIGHT TO TRIAL BY JURY ACT 2010
No. of 2009
An Act to Consolidate the Guarantees of the Right to Trial by Jury for
every Free Man, to Abolish any Unlawful Legislation that Violates that
Right, and to Punish any Person for Denying that Right in the Courts of
Australia.
BE IT ENACTED by the Parliament of the Commonwealth of Australia,
as follows:
PART 1 – PRELIMINARY
Short title
1. This Act may be cited as the Inalienable Right to Trial by Jury
Act 2009.
Commencement
2. This Act shall not have a specific date for it to come into
operation because it is to be regarded as always having been in
operation from the date of the enactment of the Imperial Act 9
George IV Chapter 83 on the 25th day of July 1828.
Interpretation
3. In this Act, unless the contrary appears, all the words shall mean
as they mean in the Oxford English Dictionary.
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PART 2 – SECTIONS OF THE CONSTITUTIONAL
ENACTMENTS GUARANTEEING THE RIGHT TO TRIAL BY
JURY
4. Magna Carta 1215:
No free man shall be taken indeed imprisoned, either dispossessed, or
outlawed, or exiled, or in any manner destroyed, nor pass over him, nor
send over him, except by means of the legal judgment of his own equals
indeed the law of the land. To no one will we sell, to no one will we deny
or delay Right or Justice.
5. Confirmation of Charters 1297:
“And we will that if any judgment be given from henceforth, contrary to
the points of the charters aforesaid, by the justices or by any other our
ministers that hold plea before them against the points of the charters, it
shall be undone and holden for naught.”
6. Petition of Right 1627:
“All which they most humblie pray of your most Excellent Majestie as
their Rightes and Liberties according to the Lawes and Statutes of this
Realme, And that your Majestie would alsoe vouchsafe to declare that the
Awards doings and proceedings to the prejudice of your people in any of
the premisses shall not be drawen hereafter into consequence or example.
And that your Majestie would be alsoe graciouslie pleased for the further
comfort and safetie of your people to declare your Royall will and
pleasure, That in the things aforesaid all your Officers and Ministers shall
serve you according to the Lawes and Statutes of this Realme as they
tender the Honor of your Majestie and the prosperitie of this Kingdome.”
7. Habeas Corpus Act 1641:
“Whereas by the Great Charter many times confirmed in Parliament It is
Enacted That no Freeman shall be taken or imprisoned or disseised of his
Freehold or Liberties or Free Customes or be Outlawed or exiled or
otherwise destroyed and that the King will not passe upon him or
condemn him but by lawfull Judgement of his Peers or by the Law of the
Land And by another Statute made in the fifth yeare of the Reigne of
King Edward the Third It is Enacted That no Man shall be attached by
any accusation nor fore judged of Life or [Lim (fn. 2) ] nor his Lands
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Tenements Goods nor Chattels seised into the Kings hands against the
forme of the Great Charter and the Law of the Land.”
7. Bill of Rights 1689:
Whereas the late King James the Second, by the assistance of divers evil
counsellors, judges and ministers employed by him, did endeavour to
subvert and extirpate the Protestant religion and the laws and liberties of
this kingdom; That jurors ought to be duly impanelled and returned, and
jurors which pass upon men in trials for high treason ought to be
freeholders;
That all grants and promises of fines and forfeitures of particular persons
before conviction are illegal and void;
And they do claim, demand and insist upon all and singular the premises
as their undoubted rights and liberties, and that no declarations,
judgments, doings or proceedings to the prejudice of the people in any of
the said premises ought in any wise to be drawn hereafter into
consequence or example; to which demand of their rights they are
particularly encouraged by the declaration of his Highness the prince of
Orange as being the only means for obtaining a full redress and remedy
therein.
And be it further declared and enacted by the authority aforesaid, that
from and after this present session of Parliament no dispensation by _non
obstante_ of or to any statute or any part thereof shall be allowed, but that
the same shall be held void and of no effect, except a dispensation be
allowed of in such statute, and except in such cases as shall be specially
provided for by one or more bill or bills to be passed during this present
session of Parliament.
PART 3 – MEMORANDUM OF CONSENT
8. Consent to summary jurisdiction. The consent to be tried
summarily, i.e.: without a Jury, must be clear and unequivocal and a
failure to carry out the procedures for obtaining the consent will deprive
the court of jurisdiction to determine the matters summarily. The consent
to be without a Jury is to be a Memorandum of Consent that must be
signed by both parties.
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PART 4 – PUNISHMENT
9. Denial of the Right to Trial by Jury is an Offence: It is an offence
for any Judicial Officer to deny anyone the Right to Trial by Jury. The
amount of the fine and the time for imprisonment shall be decided upon
by a Special Jury that is empanelled upon the making of a Challenge to
the Jurisdiction of the Court made by the party aggrieved.
10. Failure to inform parties to any action of their Right to Trial by
Jury is an Offence. It is an offence for any Judicial Officer not to inform
the parties to any action of their Right to Trial by Jury. The amount of the
fine and the time for imprisonment shall be decided upon by a Special
Jury that is empanelled upon the making of a Challenge to the
Jurisdiction of the Court made by the party aggrieved.
PART V – NO LAW OPPOSING
11. No law or any part of a law shall oppose or prevail over this Act.
Section 109, Constitution of the Commonwealth of Australia Act, 1900,
applies.