Jury service plays an important role in our justice system. Juries are used to ensure that legal verdicts are impartial and in line with community standards of behaviour.
The jury system in New South Wales is administered by the Jury Services Branch of the Office of the Sheriff of New South Wales, operating in accordance with the Jury Act 1977 and the Jury Amendment Act 2010.
WHAT DOES A JURY DO?
Juries are used in the District and Supreme Courts of New South Wales to:
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hear and determine more serious criminal matters
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hear and determine civil matters involving large monetary claims
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participate in coronial inquests in the New South Wales Coroner’s Court.
In criminal trials, a jury hears evidence, applies the law as directed by the judge, and decides if a person is guilty or not guilty of a crime, based on the facts. A jury does not participate in the sentencing process.
In most criminal trials, 12 people are selected to be on the jury. Up to 15 jurors can be empanelled if a trial is expected to last longer than 3 months. To be ‘empanelled’ means to be chosen for a specific trial.
Civil trials which require juries are usually defamation proceedings. The trial judge will outline the issues the jury needs to consider to decide who is at fault. A civil trial jury is typically comprised of 4 jurors however, in the Supreme Court, 12 jurors may be ordered.
HOW IS A JURY SELECTED?
There are 3 steps to jury selection:
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Inclusion on the jury roll
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Receiving a jury summons
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Jury selection and empanelling
People who sit as jurors in a particular trial have gone through all 3 steps.
Each year, the names of around 200,000 potential jurors are randomly selected from the New South Wales Electoral Roll (the list of registered voters) and included on a jury roll. Notices of Inclusion are sent out to tell people they are on the jury roll. This is a list of people who could be selected for jury service in the next 12 months.
Approximately 150,000 people on the roll are sent a jury summons notice at some point in the year. This notice requires them to come to court, where they may be selected as a juror for a specific trial.
Out of these, only about 9,000 people a year are selected to serve on jury panels for specific trials. They are then empanelled as jurors.
You can ask to be excused from jury service for various reasons, including the kind of work you do, personal circumstances or because you are away from the state.
There are several categories of people that are excluded from being on a jury (such as lawyers, judges, members of parliament, policemen etc) and others who may be exempted from being on a jury (such as doctors, firemen, members of the clergy, the ill and those who have been on a jury in the last 3 years etc).
DO YOU GET PAID?
If you are selected as a juror, you will get paid an allowance for attending (only if for more than half a day) plus a travel allowance. This is intended to reduce any financial hardship you may incur by serving as a juror, but is not intended to be equal to your normal wage or salary payment – it is effectively a public service obligation on all citizens of New South Wales.
The amount you are paid depends on the length of the trial and whether you are currently employed or not employed. People who are not employed include carers, stay at home parents, retirees and unemployed people.
The present entitlement are:
The travel allowance is calculated on the distance from your postcode to the courthouse and is presently paid at the rate of 30.7c/Km.
Allowances are paid weekly by electronic funds transfers to your nominated bank account. You will be given details to log onto juror.nsw.gov.au and enter your bank account details prior to your court attendance.
WHAT ABOUT EMPLOYERS?
The allowance paid to jurors is not intended to be a substitute for a salary or wage.
Under the Fair Work Act 2009, an employer is required to pay full-time or part-time staff for the first 10 days of jury service.
Employers cannot:
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force employees to take own leave, such as recreation or sick leave, while doing jury service;
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dismiss, injure or alter their employees position for doing jury service;
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ask employees to work on any day that they are serving as jurors; or
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ask employees to do additional hours or work to make up for time that they missed as a result of jury service.
FURTHER INFORMATION
Craig Pryor is principal solicitor at McKillop Legal. For further information in relation to jury duty or any court/litigation related matter, contact Craig Pryor on (02) 9521 2455 or email craig@mckilloplegal.com.au.
