|
Where am I now? Lawlink > Sheriff's Office Homepage > Jury Service: Homepage > Jury Service: FAQs
|
Print page
|
Jury Service: FAQs
What is a Notice of Inclusion?
Receiving a Notice of Inclusion means that you are on a list of people from which jurors will be selected over the next 12 months. This list is randomly selected from the electoral roll for each jury district.
Can my name be removed from the jury roll?
For your name to be removed from the jury roll you must use the list on the back of the Notice of Inclusion to check whether your name can be removed. Tick the appropriate box and return the form to the Sheriff’s Office along with documented proof of your claim to be removed from the jury roll.
If the Sheriff does not agree that your name should be excluded from the jury roll you may have the matter reviewed by a Magistrate at your local court. You will receive a letter to inform you of your options.
For more information please visit our Exemptions page.
What is a Summons?
A summons to attend court is sent to prospective jurors to ensure that enough people are in court for a jury to be selected and a trial to commence on its listed day.
If you receive a summons you are required to attend court on a particular day. Details of when and where to report are on the summons. When you attend court, wherever possible, please bring photo identification and your summons. If you do not have photo identification you may be asked to provide other forms of proof and/or asked to supply information to confirm your identity. You will receive further instructions on the day.
To confirm your attendance is not cancelled or delayed, please telephone the “Recorded Information Line” listed on the summons before attending court. Recorded information is available from 5pm the night prior to your attendance date. For attendance on a Monday the message is available on the previous Friday and will remain accessible over the weekend.What if I cannot attend this time (applying to be excused)?
You may be excused from attending for jury service if you have a good reason that may affect your ability to serve on a jury. These may include:
- certain childcare responsibilities,
- temporary absence from your home (e.g. pre-booked holiday commitments),
- sickness or a disability,
- exams or study commitments.
As each person’s circumstances are different, each application to be excused is considered on its own merit. Applications should be written in the space provided on the back of your jury summons and faxed or posted to the address shown on the summons as soon as possible.
Please include copies of any documents that support your application to be excused such as proof of travel or a medical certificate. For a work related reason, a supporting letter from your employer should be supplied.
Students seeking to be excused on the basis of their studies need to provide a copy of examination timetables or attendance requirements.
Penalties apply for supplying false information.
If you do not receive a written response from the Sheriff’s Office, please do not assume that you have been excused from attendance. If you have not received written notification that you have been excused please telephone the Juror Information Line or your local Sheriff's Office (listed on your summons) for the result of your application.
What happens if my application is not accepted?
If your application is not accepted, you may have an opportunity to apply on the day either to the Sheriff's Officer-in-Charge or to the presiding judge.
What happens if I don’t turn up?
If you have not been excused and do not attend court you will be sent a letter asking you to explain your absence. If your reason for your failure to attend is not accepted a fine of $1,100 may be imposed. You may elect to have this reviewed by a magistrate at your local court. If the review is unsuccessful a maximum fine of $2,200 may be imposed by the magistrate. If the fine is not paid increased penalties will apply.
What should I bring?
You should bring your summons when you attend court. You also need to bring an accepted form of identification such as a driver’s licence or passport. If you do not have photo identification you may be asked to provide other forms of proof and/or asked to supply information to confirm your identity. You will receive further instructions on the day.
As it may take a little while for the empanelling process to begin, it is a good idea to bring some personal reading material and even a snack with you, although tea and coffee is usually provided.
How long will I be required to attend if I am selected for jury service?
Trials can be as short as three days, several weeks or may last a number of months. If you have been summonsed to a trial expected to last more than two weeks your summons will include an estimate of the length of the trial.
What happens when I attend court for jury service?
You should arrive at the court complex at the time stated on your summons. After passing through security you will be directed to the jury assembly area.
Please ensure that you bring your summons and a form of photographic identification such as a driver’s licence or passport. If you do not have photo identification you may be asked to provide other forms of proof and/or asked to supply information to confirm your identity. You will receive further instructions on the day.
You will be issued with a jury card that contains a unique identifying number. For privacy reasons this number will be used to refer to you in court and when selecting the jury.
The jury process will be explained to you and a short video will be shown.
What happens if my employer will not release me for jury service?
Under the Jury Act 1977 (NSW), employers must release employees for jury service. Please advise your employer that you have received a jury summons as soon as possible so that he/she is aware that you may be absent from work for the duration of the trial.
Employers are liable to severe penalties if they dismiss a person from employment or disadvantage, alter or prejudice a person’s position because that person is summonsed to serve as a juror. An employer cannot force you to take holidays or sick leave to perform jury service.
If you have any problems with your employer at any time you should contact the Juror Information Line or talk to a Sheriff’s Officer at the court. If problems arise while you are serving as a juror you should advise the judge.
Will I be paid?
People who attend court for more than four hours and are willing to serve but are not selected for jury service will be paid a travel allowance and fee.
Selected jurors who are not paid their full wage or salary by their employer while serving as a juror will receive a jury fee and travel allowance for each day they attend court.
Note: Jury attendance fees may be subject to income tax. We recommend that you obtain independent taxation advice.
See the Jury Service: Payments page for more information, including current jury attendance fees.
What happens after I am excused or discharged?
If you are excused from attending jury service on this occasion your name will remain on the roll and you may be summonsed again.
If you attend court willing to serve but are not selected, you may claim an exemption from further jury service for 12 months.
If you serve as a juror you may claim an exemption from jury service for a period of three years.
If you wish to remain on the jury roll please advise a Sheriff’s officer or court officer at the time that you are discharged.
Application to be excused made on the day of attendance
Applications to be excused will be considered. Applications that have been previously rejected should not be tendered again. However, any new circumstances that may prevent you from serving will be considered. Application to be excused by the judge
The judge will consider applications to be excused. The judge may excuse a person even if the Sheriff did not excuse a person for the same reason.
Selecting the Jury (empanelling): How it works
Empanelling is the process where a jury is selected for a specific trial from the people who have attended court in response to a summons.
Once in the courtroom identifying numbers are called at random by the judge’s associate. If your number is called you proceed to the jury box.
The law gives the prosecution and defence the right to challenge (reject) a certain number pf potential jurors without giving reason. A person is rejected if they hear the word “challenge”. Those people challenged return to their seat in court.
If you are challenged, it is important to understand that this is no reflection on your character or ability. You are not questioned or interviewed during this process.
The process continues until the necessary number of jurors are seated in the jury box. Each juror will be asked to take an Oath or an affirmation.
Once this process is complete, those in the jury box are empanelled. The others then leave the courtroom but remain in attendance, as they may be needed for another trial.Is car parking provided?
Car parking is not available at any court complex. The Sheriff’s Office cannot reverse a parking infringement notice incurred while attending jury service. What should I wear?
Neat and tidy daywear is appropriate. Smoking and mobile phones
Smoking is not permitted in court complexes.
If you are empanelled as a juror access to your mobile phone during court hours may be restricted.
Disability information
If you are not sure whether you can participate in a jury because of a disability or illness, please contact the Sheriff's Office to discuss your situation.
Who do I contact for further information?
Contact numbers for local Sheriff's Offices can be found on your jury summons and our Contact Us page.
|
|
