South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 245

245—Offences relating to jurors

        (1)         A person who gives, offers or agrees to give a benefit to another person who is or is to be a juror or to a third person as a reward or inducement for the other person's—

            (a)         not attending as a juror; or

            (b)         acting or not acting as a juror in a way that might influence the outcome of judicial proceedings,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (2)         A person, who is or is to be a juror, who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for—

            (a)         not attending as a juror; or

            (b)         acting or not acting as a juror in a way that might influence the outcome of judicial proceedings,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (3)         Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from attending as a juror at judicial proceedings is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (4)         A person is not guilty of an offence against subsection (3)—

            (a)         unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to attend as a juror at the proceedings; or

            (b)         if there is lawful authority or a reasonable excuse for his or her action.

        (5)         A person who—

            (a)         takes an oath as a member of a jury in proceedings knowing that he or she has not been selected to be a member of the jury; or

            (b)         takes the place of a member of a jury in proceedings knowing that he or she is not a member of the jury,

is guilty of an offence.

Maximum penalty:

            (a)         if the person acted with the intention of influencing the outcome of the proceedings—imprisonment for 10 years;

            (b)         in any other case—imprisonment for 2 years.



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