Juries

1. Juries Society & Environment

2. Jury selection • Most people between 18-69 may be summoned for jury service • They go to court and are held in a Jury assembly area. • 15 people at a time called in to the court • 12 names selected at random • Prosecution or defence may challenge choices (all white etc) • If judge agrees don't have to sit on the case

3. Jury oath • So if you are selected one of the 12 you must swear an oath • Choose your holy book or • Choose to affirm • And swear an oath • All others return to Jury assembly area to possibly serve on another case

4. What happens next • If you know anyone you must declare it and you will be replaced on the jury • The prosecution will present their case • Prosecution witnesses will be sworn in and questioned (evidence in chief) • Defence can cross examine witnesses • Defence present case • Defence witnesses will be sworn in and questioned • Prosecution can cross examine

5. And then.... • Prosecution and defence will sum up • Judge will present facts of the case to the jury • Jury will retire to consider their verdict • Most of the time needs a unanimous verdict but occasionally judge will accept a majority verdict (he will explain why and when) • Jury elects a foreman or forewoman to act as spokesperson for the jury • When they return to court they must answer questions posed by clarke.g on count 1 do you find the defendant guilty or not guilty?

6. In the Crown Court when a defendant pleads not guilty a jury is then sworn in to hear the case and decide whether he / she is guilty or not. • Juries are only used in about 1% of criminal trials; • the majority of criminal cases are heard in the Magistrate Court where Magistrates judge the defendant.

7. Who is eligible? • To be eligible for jury service a person must: • Be aged between 18 and 70 • Be registered to vote on the electoral register and • Have lived in Australia for at least five years since reaching the age of 13 • Dead easy, however some people who meet the above requirements still would be not be allowed to serve on a jury, because they are disqualified, ineligible or excused.

10. Excused

11. Question • What three groups are not eligible to serve on a jury? • Name at least one example in each category.

12. A jury is a sworn body of people convened to render a rational, impartialverdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. • A trial in which a jury decides the verdict is known as a jury trial. • A person who is serving on a jury is known as juror.

13. The word jury originates Latin, from juris (law). Juries are most common in common lawadversarial-systemjurisdictions. Juries act as triers of fact, while judges act as triers of law. • A trial without a jury (in which both questions of fact and questions of law are decided by a judge) is known as a bench trial.

14. Serving on a jury is normally compulsory for those individuals who are qualified for jury service. Since a jury is intended to be an impartial panel capable of reaching a verdict, there are often procedures and requirements, for instance, fluent understanding of the language, or the ability to test jurors or otherwise exclude jurors who might be perceived as less than neutral or more partial to hear one side or the other.

15. HM Courts service says: • You may be one of many people who have been chosen for jury service. • A jury consists of 12 members of the public selected at random. • Jurors usually try the more serious criminal cases such as murder, rape, assault, burglary or fraud. • These trials take place in the Crown Court.

16. Receiving a jury summons means you are legally required to attend court. Please do not be worried about this, most people overcome their initial concern and find jury service interesting and rewarding.

17. Jury service is one of the most important civic duties that anyone can be asked to perform. As a juror, you have a chance to play a vital part in the legal system. You do not need any knowledge of the legal system. Each individual juror will be asked to consider the evidence presented and then decide whether the defendant is guilty or not guilty.

18. How long you are likely to serve • As a juror you would normally be asked to serve for a period of ten working days and during that time you could sit on more than one case. • If a trial takes longer, the jury is expected to sit for the whole of the trial, however you will be told about the length of the trial at the start. • If there are any exceptional circumstances which prevent you from serving for a longer period of time you will need to tell the court before sitting on the jury panel.

19. Civil, High Court and Coroner juries • Sometimes jurors are needed in civil trials for cases such as libel. This does not happen often. When it does, the trial will take place in the High Court or a county court. Sometimes jurors are also needed for Coroner’s courts. • A juror in a civil case or coroner’s case will have a similar role to a juror in a criminal case but there are some important differences. These will be explained to you if you become a juror for these specific trials

20. Questions • Apart from the Crown court where might you appear as a juror? • How many in a Jury? • Will you have to do jury service?