Jury service plays a crucial role in the New South Wales justice system, ensuring that legal verdicts are impartial and in line with community standards. Serving as a juror is not only an important civic duty, but also an interesting and rewarding experience that offers insights into the court process. Potential jurors are randomly selected from the NSW electoral roll and may be summoned to attend court for jury selection at any point during the year.

This comprehensive guide aims to provide an overview of jury duty in NSW, explaining the rights and responsibilities of jurors, the selection process, and what to expect if summoned. By understanding the key aspects of jury service, NSW residents can be better prepared to fulfil this essential role in the administration of justice.

Eligibility for Jury Service in NSW

In New South Wales, eligibility for jury service is determined by the Jury Act 1977 (NSW). Most individuals registered to vote are potential jurors. However, there are certain categories of people who may be exempt or excluded from jury duty.

Who Can Serve on a Jury?

To serve on a jury in NSW, you must:

• Be an Australian citizen or eligible British subject
• Be aged 18 years or older
• Be enrolled on the electoral roll
• Reside in NSW

Simply not wanting to be a juror, being a sole business owner, being a conscientious objector, or facing financial impact does not provide an exemption from jury service.

Exemptions and Exclusions from Jury Service

Certain individuals have the right to claim an exemption from serving as a juror, including:

• Clergy and vowed members of any religious order
• Dentists, pharmacists, and medical practitioners
• Emergency services personnel (except those employed on a casual or voluntary basis)
• Persons who have served as a juror within the past 3 years or attended court for jury service within the past 12 months
• Persons entitled to exemption due to previous lengthy jury service
• Persons who reside with and have full-time care of someone who is sick, infirm, or disabled

Additionally, some individuals are excluded from jury service, such as:

• Persons found guilty or convicted of certain serious offences
• Persons currently serving or having served a sentence of imprisonment
• Persons holding particular offices (e.g., the Governor, judicial officers, members of parliament)
• Australian lawyers and paralegals employed in the public sector in criminal cases
• Persons employed in law enforcement or criminal investigation (except those employed on a casual, voluntary, or administrative basis)
• Persons with direct access to inmates or information about inmates
• Undischarged bankrupts
• Persons subject to certain orders, disqualifications, or in custody (e.g., apprehended violence orders, community service orders, awaiting trial or sentencing)

If you believe you should be excused from jury duty, you can apply in writing to the Sheriff’s Office when you receive your notice of inclusion or on the day of your jury service in the case of unexpected circumstances. Supporting documentation may be required.

The Jury Selection Process

The jury selection process in New South Wales is designed to ensure that juries are impartial and representative of the community. This section will explain how juries are selected, from receiving a jury summons to attending court for the selection process.

Receiving a Jury Summons

The first step in the jury selection process is receiving a jury summons. A jury summons is a legal document sent to eligible citizens, requiring them to report to court on a particular day for jury service. The summons includes information about the trial, such as the date, time, location, and expected duration.

Potential jurors are randomly selected from the NSW Electoral Roll and included on a jury roll. If you receive a Notice of Inclusion, it means you are on the jury roll and may be sent a jury summons at some point in the next 12 months.

When you receive a jury summons, it is important to read it carefully and follow the instructions provided. If you have a valid reason for being unable to attend, such as a medical condition or family emergency, you can apply to be excused from jury service.

Attending Court for Jury Selection

On the day specified in your jury summons, you must attend court for the jury selection process. This process involves questioning potential jurors to determine whether they are qualified and impartial.

During the selection process, the trial judge will direct the prosecutor to inform the jury panel about the nature of the charge, the identity of the accused, and the principal witnesses to be called. The judge will then ask members of the panel to apply to be excused if they cannot bring an impartial consideration to the case.

Both the prosecution and the defence have the opportunity to challenge potential jurors before they are sworn in. Each side can make up to three peremptory challenges, which means they can object to a juror without providing a reason. If a potential juror is challenged by either side, they are immediately excused.

Once the challenges have been exhausted and there is a full panel of jurors (usually 12 for criminal trials), each person on the jury must take an oath or affirmation to carry out their task faithfully and impartially. The selected jurors are then empanelled to serve on the jury for that particular trial.

It is important to note that while serving on a jury is a civic duty, there are some circumstances where individuals may be exempt or excused from jury service. These include health issues, family emergencies, being a primary caregiver, or having a conflict of interest in the case.

Rights of Jurors

Serving on a jury is a vital civic duty, but it also comes with certain rights that protect jurors during their service. In New South Wales, these rights are designed to ensure that jurors can fulfil their responsibilities without undue hardship or negative consequences.

Right to Be Excused from Jury Service

While jury duty is an important obligation, there are circumstances under which a person may be excused from serving. These include:

• Health issues that make it impossible to serve
• A serious family emergency
• Being the primary caregiver for a dependent
• Being a full-time student or having exams on the day of the trial
• Having a pre-booked holiday
• Having a disability that would make it difficult to serve on a jury
• A conflict of interest or knowledge, acquaintance, or friendship that may result in the perception of a lack of impartiality

To request an exemption, potential jurors can contact the Jury Services Branch online, by email, or by post. It is important to note that providing false or misleading information when claiming an exemption is an offence punishable by a fine of up to $5,500.

Employment Rights During Jury Service

Employers are obliged to release any employee summoned for jury service. The Jury Amendment Act 2010 defines an employee as anyone employed on a full-time basis or who has been a regular casual employee for the past 12 months.

Under the Fair Work Act 2009, employers are required to pay full-time and part-time employees for the first ten days of jury service. However, this does not apply to casual employees.

Employers cannot:

• Force employees to take their own leave, such as recreation or sick leave, while doing jury service
• Dismiss, injure, or alter their employee’s position for doing jury service
• Ask employees to work on any day that they are serving as jurors
• Ask employees to do additional hours or work to make up for time missed as a result of jury service

An employer who contravenes any of these laws can be fined $22,000 (for corporations) or $5,500 (for individuals) under Section 69 of the Jury Act 1977.

Employees should discuss their organisation’s human resources policies, procedures, and practices with their employer upon receiving a jury summons. This includes payment of wages if selected for jury service.

In summary, the rights of jurors in New South Wales are designed to protect individuals from undue hardship or negative consequences as a result of fulfilling their civic duty. By understanding these rights, potential jurors can serve with the knowledge that their health, family, and employment situations will be taken into consideration and protected during their service.

Responsibilities and Expected Conduct of Jurors

Serving on a jury is a crucial civic duty that ensures a fair trial for the accused. As a juror, you have certain responsibilities and are expected to conduct yourself in a manner that upholds the integrity of the legal process.

Impartiality and Confidentiality

One of the most important responsibilities of a juror is to remain impartial throughout the trial. This means approaching the case with an open mind and not forming any opinions until all the evidence has been presented. Jurors must base their decision solely on the evidence presented in court and the instructions given by the judge.

Confidentiality is another critical aspect of jury service. Jurors are prohibited from discussing the case with anyone outside the jury room, including family members, friends, or the media. All deliberations must remain confidential, even after the trial has concluded. This ensures that the jury’s decision is based only on the evidence presented in court and is not influenced by external factors.

Prohibited Actions for Jurors

To maintain the fairness and integrity of the trial, there are certain actions that jurors are strictly prohibited from taking. These include:

• Conducting independent research: Jurors must not conduct any independent investigation or research related to the case, including searching the internet, visiting the crime scene, or attempting to gather additional information.
• Communicating with parties involved: Jurors are not allowed to communicate with the defendant, witnesses, attorneys, or anyone else involved in the case. If a juror realises they know someone involved, they must immediately inform the judge.
• Discussing the case outside the jury room: Jurors must refrain from discussing any aspect of the case with anyone outside the jury, including during breaks or after the trial has concluded.
• Posting on social media: Jurors must not share any information or opinions about the case on social media platforms.
• Accepting gifts or favours: Jurors are prohibited from accepting any gifts, favours, or benefits from anyone involved in the case or related to the trial.

Violating these rules can result in serious consequences, including being held in contempt of court, facing fines, or even causing a mistrial. It is crucial for jurors to adhere to these guidelines to ensure a fair and just trial for all parties involved.

Consequences of Failing to Attend or Misconduct During Jury Duty

Serving on a jury is a crucial civic duty, and failing to fulfil this obligation or engaging in misconduct during jury service can result in serious consequences. It is essential for potential jurors to understand the penalties they may face for non-attendance or misconduct to appreciate the gravity of their responsibilities.

Penalties for Non-Attendance

If you receive a jury summons and fail to appear for jury duty without a valid excuse, you may face significant penalties under the Jury Act 1977 (NSW). Non-attendance can result in a fine of up to $2,200. The court takes non-attendance seriously, as it can disrupt the legal process and undermine the fairness of trials.

To avoid penalties for non-attendance, it is crucial to respond to your jury summons promptly and attend court as required. If you have a valid reason for being unable to serve, such as a medical condition or family emergency, you should apply to be excused from jury service as soon as possible, providing supporting documentation.

Consequences of Juror Misconduct

Juror misconduct can take various forms, such as discussing the case with others outside the jury, conducting independent research, or failing to follow the judge’s instructions. Engaging in misconduct can jeopardise the fairness of the trial and lead to severe consequences for the juror.

Under the Jury Act 1977 (NSW), it is a criminal offence for a juror to make any inquiry during the trial to obtain information about the accused or any matters relevant to the trial. This includes asking questions, conducting research, viewing or inspecting places or objects, conducting experiments, or causing another person to make an inquiry. Violating this law is punishable by up to two years’ imprisonment.

Additionally, it is an offence for a juror to disclose information about the jury’s deliberations or how the jury reached its verdict to anyone other than fellow jurors. This offence is punishable by a fine. Jurors are also prohibited from disclosing such information for a reward, which carries a more substantial fine.

Jurors who engage in misconduct may face charges of contempt of court, which can result in fines or even imprisonment. Furthermore, juror misconduct can lead to a mistrial, meaning the trial may need to be conducted again with a new jury, wasting valuable court resources and causing distress to all parties involved.

To avoid the consequences of juror misconduct, it is essential to follow all instructions provided by the court, refrain from discussing the case with anyone outside the jury, and resist the temptation to conduct independent research or investigations. Jurors must remain impartial and base their decisions solely on the evidence presented in court.

Jury Duty Pay and Allowances

Serving on a jury is an important civic duty, but it can also have financial implications for those who are required to take time off work. In New South Wales, jurors are entitled to certain payments and allowances to compensate them for their time and expenses.

The Jury Act 1977 and the Jury Amendment Act 2010 outline the provisions for jury duty pay and allowances. Jurors are paid an allowance for each day they attend court, starting from the first day of jury service. The daily rate is set by the NSW government and is reviewed periodically.

As of 2021, the jury duty allowance in NSW is:

• $106.30 per day for the first 10 days of jury service
• $247.40 per day from the 11th day onwards

These rates are subject to change, so it’s important to check the current rates with the Office of the Sheriff or the NSW Courts website.

In addition to the daily allowance, jurors may also be entitled to:

• Travel allowance: If a juror lives more than 60 kilometres from the court, they may be eligible for a travel allowance to cover the cost of public transport or fuel.
• Accommodation allowance: If a juror needs to stay overnight due to the distance from their home to the court, they may be provided with accommodation or an allowance to cover the cost of accommodation.
• Meal allowance: Jurors may be provided with meals during the trial or given an allowance to cover the cost of meals.

It’s important to note that jury duty pay is not intended to replace a juror’s regular income. Many employers will continue to pay their employees full salary or wages while they are on jury duty, but this is not a legal requirement. Some employers may require their employees to pay back the jury duty allowance if they continue to receive their regular pay.

Jurors who are self-employed or who will not be paid by their employer during jury service may face additional financial hardship. In these cases, jurors can apply to the Office of the Sheriff for financial assistance or to be excused from jury duty on the grounds of financial hardship.

Jurors should keep a record of their attendance and any expenses incurred during jury service. They will need to provide this information to their employer and to the Office of the Sheriff to receive the appropriate payments and allowances.

Serving on a jury can be a significant commitment, but the payment of allowances helps to ensure that jurors are not unduly burdened by the financial impact of fulfilling this important civic duty. By compensating jurors for their time and expenses, the NSW jury system aims to make jury service accessible and fair for all eligible citizens.

Conclusion

Serving on a jury is a vital civic duty that ensures the fairness and integrity of the justice system in New South Wales. By understanding the rights and responsibilities of jurors, as well as the selection process and expected conduct, citizens can be better prepared to fulfil this important role. Jurors play a crucial part in upholding the principles of impartiality and community representation in legal proceedings.

While jury duty may be seen as an inconvenience by some, it is essential to recognise its significance in maintaining a just society. By actively participating in the judicial process, jurors contribute to the administration of justice and help ensure that the rights of all parties involved are protected. Through their dedication and commitment to this civic obligation, jurors in New South Wales demonstrate the importance of citizen involvement in the legal system.

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