Reasons.
By The Jury Consolidation Ordinance, 1887, a distinction was made between Civil and Criminal Cases. Actual Service was required in Civil cases to exempt jurors, who were summoned, from further service during the current year until all the other names in the Ballot Box had been exhausted; whereas, in Criminal Cases, summons without actual service procured such exemption. It followed that some jurors might have to serve two or three times in a year, while others, although summoned, were not called upon to serve at all. Section 3 abolishes this distinction with a view to preventing such inequalities.
Sections 4 and 5 require, in Criminal Cases, the assent of not less than five jurors to the verdict. Hitherto, a majority of four to three could return a binding verdict not only in Civil but in Criminal Cases also. This change is thought desirable in Criminal cases. In capital cases, however, a unanimous verdict is still required.
Section 6 supplies the omission of previous Ordinances to specify the number of jurors to be drawn to form a panel where the jury consists of three, in cases within the Supreme Court's Summary Jurisdiction.
(Signed) W. Meigh Goodman
Attorney General.
1
536
April
Reasons.
By The Jury Consolidation Ordinance, 1887, a distinc- tion was made between Civil and Criminal Cases. Actual Service was required in Civil cases to exempt jurors, who were summoned, from further service during the current year until all the other names in the Ballot Box had been exhausted; whereas, in Criminal Cases, summons without actual service procured such exemption. It followed that some jurors might have to serve two or three times in a year, while others, although summoned, were not called upon to serve at all. Section 3 abolishes this distinction with a view of preventing such inequalities.
Sections 4 and 5 require, in Criminal Cases, the assent of not less than five jurors to the verdict. Hitherto, a majority of four to three could returu a binding verdiet not only in Civil but in Criminal Cases also. This change is thought desirable in Criminal cases. In capital cases, however, a unanimous verdict is still required.
Section 6 supplies the omission of previous Ordinances to specify the number of jurors to be drawn to form a panel where the jury consists of three, in cases within the Supreme Court's Summary Jurisdiction.
(Signed) W. Meigh Goodman
Attorney General.
1
536
April
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