Professional Documents
Culture Documents
No. of 2009
PART 1 – PRELIMINARY
Short title
1. This Act may be cited as the Inalienable Right to Trial by Jury
Act 2009.
Commencement
2. This Act shall not have a specific date for it to come into
operation because it is to be regarded as always having been in
operation from the date of the enactment of the Imperial Act 9
George IV Chapter 83 on the 25th day of July 1828.
Interpretation
3. In this Act, unless the contrary appears, all the words shall mean
as they mean in the Oxford English Dictionary.
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PART 2 – SECTIONS OF THE CONSTITUTIONAL
ENACTMENTS GUARANTEEING THE RIGHT TO TRIAL BY
JURY
“All which they most humblie pray of your most Excellent Majestie as
their Rightes and Liberties according to the Lawes and Statutes of this
Realme, And that your Majestie would alsoe vouchsafe to declare that the
Awards doings and proceedings to the prejudice of your people in any of
the premisses shall not be drawen hereafter into consequence or example.
And that your Majestie would be alsoe graciouslie pleased for the further
comfort and safetie of your people to declare your Royall will and
pleasure, That in the things aforesaid all your Officers and Ministers shall
serve you according to the Lawes and Statutes of this Realme as they
tender the Honor of your Majestie and the prosperitie of this Kingdome.”
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Tenements Goods nor Chattels seised into the Kings hands against the
forme of the Great Charter and the Law of the Land.”
Whereas the late King James the Second, by the assistance of divers evil
counsellors, judges and ministers employed by him, did endeavour to
subvert and extirpate the Protestant religion and the laws and liberties of
this kingdom; That jurors ought to be duly impanelled and returned, and
jurors which pass upon men in trials for high treason ought to be
freeholders;
That all grants and promises of fines and forfeitures of particular persons
before conviction are illegal and void;
And they do claim, demand and insist upon all and singular the premises
as their undoubted rights and liberties, and that no declarations,
judgments, doings or proceedings to the prejudice of the people in any of
the said premises ought in any wise to be drawn hereafter into
consequence or example; to which demand of their rights they are
particularly encouraged by the declaration of his Highness the prince of
Orange as being the only means for obtaining a full redress and remedy
therein.
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PART 4 – PUNISHMENT
11. No law or any part of a law shall oppose or prevail over this Act.
Section 109, Constitution of the Commonwealth of Australia Act, 1900,
applies.
oOo