Jury duty
Jurors are an important part of our legal system.
Most criminal cases heard in the Supreme Court and District Court take place in front of a jury, usually made up of 12 people chosen at random from members of the community—juries in civil cases are usually made up of 4 people.
The jury listens to the evidence and makes the most important decision about a court case; whether the person is guilty or not.
Serving on a jury is an important public duty that you will rarely be asked to do; if you are asked you should do everything you can to take part.
Can I postpone or be excused from jury duty?
In Queensland you cannot postpone jury duty, but may be excused from taking part if you can prove that you:
- can’t get time off work, college or university
- are too ill to attend
- have personal commitments which can’t be re-arranged
- have significant financial problems
- have served as a juror in the past 12 months
- are ineligible to be a juror by law; for example you have a criminal conviction.
How are people selected for jury duty?
A computer selects people aged between 18 and 70 at random from the electoral roll— a list of people registered to vote.
If you are selected, you are sent a letter saying when you are needed for jury duty and a questionnaire to fill in. This does not mean you will be on a jury; your answers will establish if you are eligible and available for jury duty at the selected time.
You must complete and return the questionnaire even if you think you are not eligible or can’t serve during the time period you have been selected for. If you are ineligible or cannot serve on a jury you must include evidence (e.g. a flight itinerary).
Being summonsed
If the questionnaire shows you are eligible and available to serve on a jury you will be sent a summons. This still doesn’t mean you will serve on a trial jury, but means you must attend court for the jury selection process—empanelment—if you are needed.
The summons will show how to find out if and when you are required to attend and for how long. This will normally be no longer than 2 weeks unless you are required to serve on a major trial; court staff will tell you if you are required for a longer period.
If your situation has changed since you returned your questionnaire, you can apply—in writing to the Deputy Sheriff—to be excused from jury duty.
Work is normally not a good enough reason to be excused, so tell your employer when you will be on jury duty as soon as you are summonsed.
You can apply for a partial excusal—which means you are excused for a short time during your jury duty—if travel or work has been organised which can’t be cancelled. For example if you have to go away for business.
Attending court as a potential juror
When to attend
Normally a panel of 30 potential jurors will be called to attend court for jury selection, although for major criminal cases more may be required. The summons will tell you the panel of jurors you are in—normally a letter—and your number.
The court decides the afternoon before the trial if a panel of jurors is required, so you will normally have to call the phone number listed on the summons each evening to find out if you are needed for the following day’s selection process. You can also check the daily law list which has jury information for each Supreme and District Court courthouse.
Information is provided on the recorded message and law list about which jurors are needed and when, will state a panel letter, a number range of jurors who are to attend court, and the date and time to be at court. For example the message may be: Jurors on Panel E numbers 133 to 163 inclusive are required for Tuesday 30th October 2012 at 9:15 AM SHARP.
What should I wear and bring with me?
You don’t have to wear a suit but you should show the court respect by dressing neatly. You may want to bring a cardigan or jumper as you may find the courthouse cool.
ID (identification)
You must bring your summons and a form of identification, such as a driver’s licence or passport.
Lunch
Lunch may be provided to you if you are serving on a jury. However, bring some money as the judge may let the jury go out for lunch; in this case you can claim a lunch allowance.
Mobile phones
You can bring a mobile phone with you but it must be turned off in court.
If you are selected to serve on a jury you will have give it to the Bailiff before entering the court or jury room each day.
Arriving at the courthouse
You should arrive at the courthouse in good time for the start of the day’s proceedings.
Go to the jury assembly area; the court officer will tell you where this is. You should let a Bailiff know you have arrived, or you may be asked to check-in via a computerised system—it depends on the courthouse.
If you are sick
If you are sick and unable to attend court you should call the phone number on the summons between 8.30am and 9.15am. You will need to provide the court with a medical certificate from your doctor confirming that you were sick and unable to attend court.
If you are absent from court without an excusal—which means the Deputy Sheriff or judge has excused you—you can be fined.
Being selected to serve on a jury—being empanelled
If you are asked to attend court, you may be empanelled—selected to serve as a juror on a criminal or civil trial.
Find out about the Supreme Court and District Court. The Bailiff will take you into court before the trial begins.
This is your last chance to be excused from jury duty. Let the Bailiff know you want to apply to be excused from duty; it is up to the judge to decide if you can be.
The selection—empanelling—process
Potential jurors remain at the back of the court during the empanelling process:
- Cards with the details of each potential juror are placed in a rotating box.
- The Judge’s Associate takes a card and calls the name of the juror.
- When called, you should walk to the Bailiff at the front of the court to swear an oath or affirmation—a pledge—that you will fulfil your duty as a juror.
- At any time before the Bailiff begins to swear you in, the prosecutor may say ‘stand-by’ or the defence council may call ‘challenge’. This means you have not been selected to serve on that jury and must return to the back of the court and another name will be selected.
- If you are sworn in—not asked to ‘stand by’ or are challenged—you will be directed to a seat in the jury box.
The empanelling process is repeated until the jury is formed— usually 12 for a criminal trial and 4 for a civil trial.
If you are asked to ‘stand-by’ or are ‘challenged’, this is no reflection on your character or ability. If you are not selected for the jury you may be allowed to go home once the empanelling process is complete.
You may have to go through this process several times during your period of jury duty.
Serving on a jury
If you are empanelled you will be expected to attend court until the verdict is reached and the judge discharges the jury.
You will be expected to sit in the jury box and listen to the arguments presented by the prosecution and defence lawyers and the evidence offered to support their case. Some cases may take many days, or even weeks to complete.
Before the trial starts the judge will explain your role as a juror and how you should conduct yourself during the trial.
Court times
You should go to the court each day in good time for the start of the day’s proceedings.
Court times vary according to the courthouse and the trial; however, court normally:
- starts around 9.00am
- breaks for morning tea around 11.15am
- takes lunch between 1.00pm and 2.30pm
- finishes for the day at 4.30pm.
Courtroom rules
You must sit quietly in the jury box and listen to the evidence and arguments presented in court.
Empanelled jurors are not allowed mobile phones in the court or jury room; if you have one with you will have to give it to the Bailiff before entering the court or jury room each day.
Find out more about court room rules.
Choosing a speaker
On the first day—normally during the first break—you and the other jurors must choose a speaker.
The speaker speaks for the jury in court, delivers the verdict and may talk to the judge during the trial if necessary. The speaker also manages the jury, ensuring everyone’s opinions are shared and discussed when deciding on a verdict.
Deciding the verdict
Once all the lawyers have presented their cases, the judge will sum-up—highlight important pieces of evidence and explain points of law to be considered—and the jury will be asked to retire and consider their verdict.
You will go to separate jury room to discuss and consider the evidence presented and come to a fair decision—the verdict. The speaker normally leads and manages the deliberations.
While you come to a decision you will not be allowed to talk to anyone except the other members of the jury and the bailiff. If you can’t reach a verdict by the end of the day, the judge may allow you to go home and come back the next day to continue deliberations. You must not speak to anyone about the trial or read any material in relation to the trial (i.e. newspapers, social media). Alternatively, the judge may order you to stay overnight in a hotel with the other jury members—if this happens the court will pay for your stay, transport and meals. If this is likely, you will be told by the bailiff to bring in a change of clothes.
All members of the jury must agree on the verdict unless a majority verdict is allowed.
Support for jurors after the trial
If you serve on a jury in a criminal case you may be asked to see and hear distressing evidence.
A jury support program is available once the trial has finished if you need to talk to a counsellor or psychologist about your experience and to help you recover. More information will provided about this service at the end of the trial.
Payments and expenses for taking part in jury duty
You will get an allowance for attending court and for being a juror on a trial. The daily rate is set by legislation and increases for lengthy trials.
Allowance payments are normally made weekly or fortnightly and are taxable.
You can also claim public transport costs for the days you have to attend court. You have to complete a Juror’s Allowance form and hand it to the bailiff on your first day at court if you want to claim public transport costs.
Empanelled jurors may also be awarded a lunch allowance if food is not provided.
