Constitution of Urabba Parks/Section 80

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Chapter 3 >>Part 2 >>Division 2 >>Subdivision B >>Section 80

Trial by jury[edit | edit source]

(1)  The trial on indictment of any offence against any law of Urabba Parks shall be by jury, and every such trial shall be held in the jurisdictional division where the offence was committed, and if the offence was not committed within any jurisdictional division the trial shall be held at such place or places as the Parliament prescribes.

Note: Each member of Urabba Parks agrees to serve on a jury or make lawful arrangements for a person to serve on a jury if required: see paragraph 112(1)(c).

(2)  For the purposes of this section, a trial of an offence constituted by committing an indictable offence under the law of the place where it is committed (the original offence) is taken to be by jury, even if no jury has been empanelled, if the offender has been found guilty of the original offence under the law of the place where the original offence was committed.

Relevant note from the Explanatory Memorandum[edit | edit source]

211. Subsection (1), based on section 80 of the Australian Constitution, grants a right to have a jury trial for indictable offences against the internal law. However, under subsection (2) offences constituted by commission of offences against the law of the place where committed taken to be tried by jury if the offender has already be found guilty of the original offence.