Empanelment is the random process for choosing jurors to serve on a particular trial.
In court before the trial begins, you and the other prospective jurors form a panel. It’s from this panel that the jurors are chosen.
In larger centres, there may be multiple trials commencing each day during your jury service period.
It's impossible to know in advance which jury you’ll be on—if any.
Empanelment process
Before the trial starts, the bailiff takes you into the courtroom for the selection process.
Prospective jurors stand at the back of the court during the following process:
1. Cards with juror details are placed in a barrel
Each card includes a prospective juror's name, town or suburb, and occupation.
2. The judge's associate selects a card
The associate calls out the name or panel number on the card.
3. If your name or number is called, you walk to the front of the court
You approach the bailiff to swear an oath or make an affirmation—a pledge to fulfil your service as a juror.
Oath or affirmation
Before entering the courtroom, let the bailiff know if you’d prefer to:
- swear an oath (a religious declaration)
- make an affirmation (a non-religious declaration).
Both are equally valid and legally binding.
4. The prosecutor or defence may object
At any time before the bailiff begins reciting the oath or affirmation:
- the prosecutor may call 'stand by'
- the defence counsel may call 'challenge'.
If that happens, you have not been selected to serve on that jury (this is no reflection on your character or ability).
You then return to the back of the court and the judge's associate selects another card.
5. If no objection is made, you’re sworn in or affirmed as a juror
Once sworn in (empanelled), you’re directed to a seat in the jury box.
6. Process repeated
This process is repeated until the jury is formed. Typically:
- 12 jurors are selected for a criminal trial
- 4 jurors are selected for a civil trial
- reserve jurors may also be empanelled if the judge decides they’re needed.
If you’re empanelled
If you're selected to serve on the jury:
- the judge will explain your role as a juror and how you should conduct yourself during the trial
- the trial will start immediately after you and your fellow jurors have been empanelled.
Find out what happens when you serve on a jury.
If you’re not empanelled
If you're not chosen to serve on the jury, you may be either:
- taken to another courtroom for jury selection for a different trial
- released for the day and called in another day for jury selection.
The deputy sheriff or bailiff will tell you when you're free to leave for the day.
Reserve jurors
The judge may decide to choose up to three reserve jurors, particularly for longer trials.
Here are some key facts about reserve jurors:
- selection process—reserve jurors are selected the same way as normal jurors and are bound by the same obligations
- during the trial—reserve jurors sit in court each day and listen to the evidence, just like the other jurors
- replacing jurors—if a juror becomes ill or is discharged, they’re replaced by the first reserve juror, and so on
- at deliberation time—when the jury retires to consider its verdict, any reserve juror who hasn't replaced a juror is discharged from the trial.
Being excused from jury service
The empanelment process is your last opportunity to be excused from jury service.
Let the bailiff know, and the judge will decide whether to grant or decline your request.
