Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 111

111 .         Jury not to separate or communicate with others

        (1)         After a jury is sworn in relation to a charge, it must not separate until it has given its verdict or been discharged from giving its verdict on the charge.

        (2)         Despite subsection (1), the judge may permit the jury to separate during any adjournment of the trial subject to any condition that the judge thinks necessary to impose in the interests of justice.

        (3)         After a jury has retired to consider its verdict and before it has given its verdict or been discharged from giving its verdict, there must not be any communication between a juror and a person who is not a juror, other than the judge or the court officer in charge of the jury.

        (4)         Despite subsection (3), the judge may permit a juror and a person who is not a juror to communicate subject to any condition that the judge thinks necessary to impose in the interests of justice.

        (5)         If a person contravenes subsection (1) or (3) without the permission of the judge given under subsection (2) or (4) or contravenes a condition imposed under subsection (2) or (4) —

            (a)         the judge may discharge the jury from giving its verdict, if it is in the interests of justice to do so; and

            (b)         the person is guilty of an offence and is liable to a fine of $12 000 or imprisonment for 12 months.