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Serving on jury

Supreme and District Courts - Information for jurors

Empanelling is the way jurors are chosen to serve on a particular trial.

The selection of jurors is a multi-step random process. It is impossible to tell which jury you will be on, particularly in larger centres.

In larger centres, there may be multiple trials commencing each day during your jury service period.

Common questions

What is the empanelling process?

The empanelling process is as follows:

1	Cards showing the name, town/suburb and occupation of each juror are placed in a rotating box to mix them.
2	The judge’s associate will remove the cards one by one and call the juror’s number and name.
3	If you are called, walk to the bailiff to swear an oath or to affirm to fulfil your duty as a juror
4	If you wish to affirm, or have a specific religious oath, alert the bailiff before entering the court.
5	At any time before the bailiff begins to recite the oath or affirmation, the prosecutor may call out “stand by”, or the defence counsel may call out “challenge”.
6	If this happens, you must return to the back of the court and another name will be called.
7	If you are not “stood by” or “challenged” you will be sworn in as a juror and directed to your place in the jury box.

This procedure will be repeated with the names of those remaining until a complete jury is formed.

If you are “stood by” or “challenged” it is no reflection on your character or ability.

If you are not chosen to serve on a jury during your first empanelling process, you may need to go through the process again if another jury is required.

How many jurors are required?

There are twelve jurors on a criminal trial and four jurors on a civil trial (unless the judge decides to empanel reserve jurors).

What if I am chosen to serve on a jury?

If you are empanelled, the judge will explain your role as a juror and how you should conduct yourself during the trial.

Once the 12 jurors are selected, the Corwn prosecutor will read out the name of the defendant and a list of possible Crown witnesses who may be called during the trial.

All jurors should listen carefully at this stage and tell the judge if you recognise someone or an associate of any person who has been mentioned.

The judge may direct the jury to elect a jury speaker, but generally you should elect your speaker at the first opportunity.

What are the responsibilities of the jury speaker?

The jury speaker should:

encourage discussion that includes all jurors
keep the deliberations focused on the evidence and the law
let the judge know if the jury wants a break
let the judge know when a verdict has been reached
speak on behalf of the jury in court.

The opinion of each juror counts equally. There is no casting vote and every member of the panel must agree on the verdict.

Am I allowed to go home each night?

Yes. Empanelled jurors usually go home each night during the trial.

However, once the judge has sent the jury to consider its verdict, the jury will be kept together until they have reached a decision.

This may mean that you are kept together overnight, and arrangements will be made to accommodate the jury at a nearby hotel.

How can I find out which trial I will be on, and how long it goes for?

You may be empanelled on more than one trial during your jury service period.

Court staff will generally inform you of the number and estimated duration of the trials that are to commence each day that you attend.

You will not be told the names of the defendants at this time.

You should tell court staff if you have a problem that would make it difficult for you to attend every day for the duration of a trial.

Why are jurors informed the evening before whether they will be required for the following day?

Trials that are listed for a certain day may or may not proceed for a variety of reasons.

Legal practitioners, witnesses or other required persons may be involved in more than one matter and their availability may affect the time for listing.

If a trial finishes earlier or runs later than scheduled, the timing of other trials may need to be adjusted to suit the circumstances.

This means that the final list of matters is not published until around 4:30pm on the day before the trial begins. Arrangements are then made to advise jurors about the court’s requirements.

How long do trials normally go for?

Trials in the District Court last for an average of three to four days while trials in the Supreme Court average five to seven days. Some trials may take longer.

At the start of the trial you will be told how long it is expected to last.

What happens if I don’t attend?

If you are summonsed for jury service, but do not attend as directed, you may be fined as well as being required to appear before a judge to explain your absence.

Are meals provided?

The judge will decide whether the jury can separate at the lunch adjournment.

The judge may order the jury to stay together to avoid prejudicing the trial. If this occurs lunch will be provided for the jurors by the court.

If they are separated, jurors will be free to purchase their own lunch and will be paid a daily allowance at the end of their jury service period.

Once a jury is deliberating their verdict they will be unable to separate and all meals will be provided.

Facilities for jurors vary from court to court. Refreshments such as tea or coffee are usually provided.

What can I bring to court with me?

You can bring things with you, including books, knitting, paperwork, laptop computer (provided it is turned off while in court) etc to occupy yourself while you wait. However, once you are empanelled, certain items such as, laptops, mobile phones or other material that maybe of a legal nature will not be allowed into the jury room.

What hours does the court sit?

Generally, court sits between 10.00am and 4.30pm Monday to Friday with a lunch break between 1.00pm and 2.30pm, unless you are deliberating a verdict.

What should I wear?

You do not have to wear a suit or tie, but you should look neat and tidy. You may want to bring a cardigan or jumper, as the temperature in some courthouses can be cool.

What shouldn’t I do?

You should not:

make your own inquiries about the case or the defendant
attend the scene of the crime.

It is an offence to do so and carries a penalty of up to two years imprisonment.

What happens in the jury room?

After all the evidence is presented and the judge has summed up the case in court, the judge will ask the jury to retire to consider its verdict.

You will then proceed to the jury room.

Before starting to deliberate, you should consider the following guidelines:

Respect each other’s opinions and value the different viewpoints each juror brings to this case.
Be fair and give everyone a chance to speak during the deliberations.
It is okay to change your mind.
Listen carefully to one another but do not let yourself be bullied into changing your opinion, and do not bully anyone else.
Do not rush into a verdict to save time - the people involved in a case deserve your complete attention and thoughtful deliberation.
Follow the judge’s directions about the law.

Most jury rooms have male and female toilet facilities and there is usually a morning tea, lunch and afternoon tea break each day.

Can I seek counselling if necessary?

Yes. However, before you can seek counselling, you must have finished serving on a trial, and your jury service should be completed.

If you wish to seek counselling and you haven’t completed your service, you should ask the sheriff or registrar to excuse you from further attendance.

You should receive the Juror Support Program brochure when you complete your trial. If this is not provided you can ask the court to send you a copy.

When should I seek counselling?

Most jurors walk away from court feeling a sense of achievement.

However, it is also common to feel a little detached or confused after facing the intensity of the courtroom and being confined to a jury room with a group of strangers.

These feelings are a natural response to a different and challenging situation, and they generally pass in a couple of days.

Some jurors do not experience any adverse reactions to their time on jury service.

If you are having any problems and they persist, don’t just tough it out. Seek help.

To make an appointment, or access telephone counselling, call Assure Programs on 1800 808 374. This is a free call.

Last updated Thursday, 20 December 2007 8:28