You've received a summons to attend court today as a prospective juror. A jury in New South Wales, as in all other Australian states, is made up of a cross section of our community. Citizens like you and me brought together to decide if someone is guilty or not guilty of a crime.
The Supreme Court has jurisdiction over the most serious crimes. All other trials with a jury are heard at the District Court either in Sydney, in regional centres or in country towns all over the state.
Ladies and gentlemen you will need your jury summons and a form of photo ID such as a driver's license. Everyone on the electoral roll is eligible to receive a jury summons. You've received one because your name was selected at random by computer.
Protecting your privacy is one of our key concerns. For this reason you'll be given a juror call numbered card, which will be used to identify you in court. It's a little impersonal but will ensure your anonymity. Keep your juror number card and your summons with you at all times.
The criteria for people who may be exempt from jury service is set out in the information sent to you with your jury notice. If you are unsure of your eligibility to serve as a juror please ask the sheriff's office staff.
"Is there anyone who wishes to be excused from jury service?"
"Yes, I'd like to be excused and I'm very busy at work at the moment."
"I understand but that would be a matter you have to take up with the judge. Are there any further questions?"
"Yes. What are we entitled to if we're selected for jury service?"
"All jurors are entitled to a travel allowance and lunch will be provided to you. While during a jury service there is the provision for the payment of a jurors attendance allowance and we can provide you with further information and a statutory declaration which you will need to complete. There may be a short delay as the court has been prepared for the jury selection process.Please wait here until your panel is called. In the meantime, help yourself to tea and coffee. Ladies and gentlemen they're ready for panel J in court. Please pick up your belongings and follow me."
JURY SERVICE: THE TRIAL
Before a trial can begin there are several important processes to complete and all of them involve the jury silence.
"All stand."
"Crown, I present an indictment against John Bates."
"Arraign the accused, please."
"John Bates, you stand indicted by that name that on the 16th of January this year at Sydney instead in New South Wales while armed with a dangerous weapon he robbed Deborah Smith of a sum of money, the property of the National Australia Bank. How do you plead: guilty or not guilty?"
"Not guilty, your honour. I appear on behalf of the accused Mr Bates."
"Members of the jury panel, you're about to be given some information which may cause one or more of you to ask to be excused from serving as a juror in this particular trial. Please listen very carefully to what is said."
Before a criminal trial begins the Crown prosecutor reads a list of the names of witnesses, potential witnesses or people otherwise involved in the case.
He or she also gives a brief outline of what the case is about. This is to allow any prospective jurors to make it known to the trial judge if they know anyone associated with the trial, or if they feel that the subject matter of the particular trial is such that they could not act impartially but could serve in another trial involving a different kind of allegation.
"As you've just heard the accused is charged with armed robbery this trial is expected to conclude within five days before the jury is empanelled. I'll ask the Crown prosecutor to read out a list of names of witnesses or people that you may hear about during the trial."
"Members of the jury panel, in this trial the Crown intends to call the following witnesses: Fred McDermott, James Robinson, Daniel Coudair, Cameron Haley, Shirley Jones, Michael Jones. Members of the jury panel, is there anyone who knows the accused or any of the witnesses or feels that they may not be able to serve on this trial, please raise your hand now. This is the time to make that known to me.
"Why do you seek to be excused from this trial, sir?"
"Your Honour, I'm head of our IT department. I need to be at work. It's a very busy time of the year."
"I assume from what you've just said that you have a team working with you."
"Well, yes, in a way but it will be better I was there to supervise them."
"This is a relatively short trial. Jury service is an important civic duty. Your fellow workers should be able to cope just as they would if you were ill or on holidays. I'm not able to excuse you from this trial in those circumstances. Please join the panel. Our criminal justice system depends on members of the community being prepared to serve as jurors."
The trial judge will carefully consider any reasonable requests to be excused from serving as a juror.
"Yes madam, why do you seek to be excused?"
"Your Honour, I know Deborah Smith. She is a good friend."
"Thank you for bringing that to my attention. I will excuse you from this trial but would you please remain with the panel because you may be able to serve as a juror in another trial."
"Yes I know James Robinson, the policeman."
"Mr Robinson is a bank employee I need not excuse you as the. person you know is not the witness in the trial but thank you for bringing that to my attention. It is precisely the sort of matter that should be clarified before the trial begins."
The formality of the courtroom can make people feel uncomfortable or nervous about speaking up but it is very important that members of the jury panel do not allow such feelings to prevent them from bringing to the judges attention any concerns that they have about serving as a juror.
It is absolutely vital that prospective jurors who wish to be excused draw it to the judges attention when invited to do so, even if they have already raised the problem with the Sheriff's Office's and have not been excused by them.
Some jurors may prefer to write down the reason they wish to be excused particularly if they would feel embarrassed by announcing it publicly.
Unfortunately, far too often prospective jurors who may not be able to serve for good reason wait and hope that they are not selected and then raise the problem when they have been selected. That may mean that the whole jury has to be discharged and the empanelling process commenced all over again. Obviously, this is a serious inconvenience to the jury just selected and to the prosecution and the defence, who are ready to start the trial.
It may mean that the trial is delayed for a number of days because it may require further people being brought in from the community to form another panel.
"Members of the panel, please have your juror number cards out if your card is called. Please respond by saying here or present and come forward and take your place in the jury box. Panel J, 0461055."
The law gives the prosecution and the defence the right to challenge a number of jurors whose numbers have been called, without giving any reason for the challenge. If you are challenged you shouldn't take it personally. There's certainly no reason to feel embarrassed or offended. This is an important right exercised by the defence and the prosecution. It's designed to allow and ensure that the jury that is selected is as fairly representative of the community as is possible.
"May I assist the accused with the challenges."
"Certainly."
If you are challenged before being sworn or affirmed you can take a seat with the panel.
"Panel J juror number 0461055 challenge accused."
When the 12 jurors have been selected, they will be asked to affirm or swear that they will give a true verdict, according to the evidence.
All jurors must swear an oath or make an affirmation. This is a solemn promise to decide the case only on the evidence as presented in the courtroom.
While the jurors are being sworn in let's take a moment to look at who's who in the courtroom.
KEY PERSONNEL
The jury is seated in the jury box and must decide whether the prosecution has proved the case beyond reasonable doubt.
The judge is addressed as Your Honour and will direct the jury on the relevant law. The judges directions must be followed at all times
The judge's associate sits in front of the judge's bench and assists the judge.
Barristers wear black gowns and wigs. The Crown prosecutor presents the evidence in the prosecution case.
"I'm the Crown prosecutor and I present the evidence on behalf of the Director of Public Prosecutions. At the end of all the evidence in this trial I'll be putting arguments to you as to why you would find the accused guilty.
The accused sits in the dock. Anyone accused of committing criminal offence is presumed innocent unless or until they have been proved guilty beyond reasonable doubt
The accused barrister, or sometimes the solicitor, represents the accused throughout the trial.
"I appear on behalf of the accused and in that role you will see me testing the evidence in the Crown case. Sometimes I will directly challenge the evidence in cross-examination of the Crown witnesses. At the end of the evidence in the trial I will put arguments to you as to why you will find the accused not guilty."
Both the prosecution and the defence want a jury who will approach the evidence in an impartial way and who will listen carefully.
A jury should keep an open mind until all the evidence is presented and until the competing arguments about the evidence are made, the court officer cannot under any circumstances discuss the case with the jury.
If you have a question about the trial or your participation in the trial then write a note and the court officer will give it to the judge.
The role of the New South Wales Sheriff's Office is to ensure the safety of all persons in the courtroom.
Identified by their uniforms, sheriff's officers may also be present to assist jurors on their arrival at court. There will always be a sheriff's officer or a court officer in the courtroom.
At some stage the jury must choose its representative or foreperson. That person will sit in the front row closest to the judge. It is the foreperson who will deliver the verdict at the end of the trial on behalf of the jury. Other than this, that person will play no greater nor lesser role than any other juror.
Everything said in court is recorded in some way by the court reporter. The judge will make some opening remarks to explain to the jury what will happen.
As the trial proceeds, the judge will then ask the Crown prosecutor to give the jury an outline of the case before the evidence is presented.
"Members of the jury you will now hear an opening address from the Crown prosecutor."
The purpose of this address is to give you an overview of what this case is all about.
"Members of the jury, in this case the Crown alleges that the accused John Bates did on the 16th of January of this year ..."
In a criminal trial it is the jury who must decide the facts. They are the judges of the facts, therefore it is very important that they listen carefully to the evidence and keep an open mind.
Ultimately when the jury is deliberating they have to decide what evidence they accept and what evidence they do not accept.
The judge is the judge of the law. He or she will tell the jury the relevant law they are to apply to the facts before they retire to consider their verdict.
The jury can take as much time as is needed to reach a verdict. It is important that jurors carefully consider the evidence and listen to each other.
THE VERDICT
"The jury has reached a verdict. Will the forewoman please stand."
"Has the jury agreed on a verdict?"
"Yes."
"How say you? Is the accused guilty or not guilty?"
"When I first got the jury summons it was the potential intrusion on my work that worried me. I thought 'I think you've got to be kidding. I haven't got time for this'. But well it's been quite an experience. I know I've had to keep an open mind throughout."
You can't make assumptions about a person and their honesty, whoever they are, whatever their job is, we're supposed to start with no opinion either way. You have to really listen. Witnesses can be questioned by both sides and that can really test your concentration.
"I suppose it's human nature that there will always be someone who's made up their mind before the trial starts and it won't change it and tries to bully everyone to their point of view but that's not why we're here."
"I also couldn't stop thinking 'this is real'. This isn't TV someone's future is on the balance here. it's serious. I'd better concentrate. It also makes you realise how much our perceptions are shaped by the TV shows we watch which are often American and show a system that's almost nothing like ours.
"This experience has been a real eye-opener for me. I also remember we asked to examine some evidence again and we had a question about the law we wanted to ask the judge, so we brought down a question on a note and passed it via the court officer."
'It wasn't an easy decision. I always imagined you know exactly how you decide a case by the end of the trial but it isn't easy. We have to sift through all the evidence before you decide on anything. I feel that I'm not just an observer of the community I'm I'm part of it."
"I've played my part. It was satisfying I didn't get it up until now but this is where the community has its say in the administration of justice.
We all benefit from the diversity of backgrounds and opinions that make up our society.
This is also true for our legal system, a system that is designed to draw upon the wisdom experience and knowledge of all the people of our community.
The jury system ensures that we all play a role in the administration of justice in this state on behalf of all the people of New South Wales. Thank you for your service.
