200.This section will amend the 1995 Act to insert a new section 88A into that Act so that jurors who require assistance with communication because of a physical disability, such as deafness or blindness, can be given that assistance by a court appointed person (a “juror’s communication supporter”). A supporter will be able to assist the juror during the trial and, if necessary, when the jury is considering its verdict.(6)
201.Before appointing a person as a supporter, the prosecution and the accused must be given an opportunity to make representations (subsections (1) and (7)).
202.The supporter would be appointed before the charges were read to the jury (subsection (2)). Where a supporter is appointed, the supporter will need to take the oath or affirm (subsection (4)).
203.Subsection (3) provides that more than one supporter may be appointed for a juror (perhaps to allow them to work in shifts to prevent fatigue and maintain accuracy), and that a supporter may be appointed to support more than one juror. If a supporter ceases to act as such, for whatever reason (for example, if the original supporter became ill), a person can be appointed as a replacement and that new supporter must then take the oath or affirm (subsections (5) and (6)).
204.Section 64 also amends section 99 of the 1995 Act. That section governs the circumstances around access to the jury room in which the jury are enclosed to consider their verdict. Subsection (3) of section 64 inserts two new subsections into section 99 (subsections (2A) and (2B)) which together have the effect that the juror’s communication supporter, appointed under new section 88A, may be present in the jury room so that communication support can continue to be provided to the juror.
Crown Application Solemn proceedings Section 64 – jury service: assistance for jurors with communication