A BILL to amend the Jury Act, Cap 3.15. (2021)

SAINT CHRISTOPHER AND NEVIS

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No.         of  2021

           A BILL to amend the Jury Act, Cap 3.15.

           BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows:

1.        Short title.

This Act may be cited as the Jury (Amendment) Act, 2021.

2.        Interpretation.

In this Act, unless the context otherwise requires, the expression
           “Act” means the Jury Act, Cap 3.15.

3.           Amendment of section 2.  

The Act is amended in section 2 by inserting the following definition in the correct alphabetical order

“Alternate juror” means a juror chosen in accordance with the provisions of section…… (appropriate section to be included)

4.           Amendment of section 3.  

The Act is amended in section 3 by inserting a new section 3 subsection (3), immediately after subsection 3 (2), as follows

“(3). The term ‘Book’ where used in relation to ‘Jurors Book’ or ‘Special Jurors Book’ shall include an electronic record prepared by the Registrar of the information contained in the Jurors Book or the Special Jurors Book.”.

5.           Amendment of Act.  

The Act is amended by inserting a new section 12A, immediately after section 12, as follows

“12A. Alternate Jurors

• The Court may, in an appropriate case, direct that not more than 4 jurors in addition to the regular jury be chosen from the array of common jurors and empaneled to sit as alternate jurors.

• Alternate jurors shall be drawn in the same manner, have the same qualifications, take the same oath, and have the same functions, powers, facilities and privileges as the common jurors.

(3) Alternate jurors shall replace jurors who have become or are found to be unable to or disqualified from performing their duties;

• before the time the jury retires to consider its verdict; and
• in the order in which they are called.

• An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.

(5) In relation to alternate jurors, the prosecution and the accused in addition to the challenges permitted under section 27 shall be entitled as follows

(a)    where one person is indicted, each shall be entitled to one peremptory challenge; and

(b)      where two or more persons are jointly indicted

     (i) each shall be entitled to not more than one peremptory challenge; and

     (ii) the prosecutor shall be entitled to one peremptory challenge in respect of each person charged.”.

                                                                             ……………………………..

1. MICHAEL PERKINS

                                                                                                      Speaker

Passed by the National Assembly this                day of                             , 2021.

                                                                                    ………………………………….

                                                                             SONIA BODDIE-THOMPSON

                                                                                    Clerk of the National Assembly