About jury service

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you

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you've received a summons to attend

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court today as a prospective juror a

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jury in New South Wales as in all other

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Australian states is made up of a cross

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section of our community citizens like

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you and me brought together to decide if

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someone is guilty or not guilty of a

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crime the Supreme Court has jurisdiction

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over the most serious crimes all other

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trials with a jury are heard at the

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district court either in Sydney in

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regional centres or in country towns all

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over the state ladies and gentlemen you

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will need your jury summons and a form

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of photo ID such as a driver's license

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everyone on the electoral roll is

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eligible to receive a jury summons

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you've received one because your name

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was selected at random by computer

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protecting your privacy is one of our

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key concerns for this reason you'll be

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given a juror call numbered card which

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will be used to identify you in court

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it's a little impersonal but will ensure

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your anonymity keep your juror number

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card and your summons with you at all

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times the criteria for people who may be

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exempt from jury service is set out in

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the information sent to you with your

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jury notice if you are unsure of your

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eligibility to serve as a juror please

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ask the sheriff's office staff is there

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anyone who wishes to be excused from

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jury service yes I'd like to be excused

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and I'm very busy at work at the moment

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I understand but that would be a matter

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you have to take up with the judge are

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there any further questions yes

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what are we entitled to if we're

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selected for jury service all jurors are

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entitled to a travel allowance and lunch

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will be provided to you while during a

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jury service there is the provision for

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the payment of a jurors attendance

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allowance and we can provide you with

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further information and a statutory

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declaration which you will need to

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complete there may be a short delay as

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the court has been prepared for the jury

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selection process please wait here until

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your panel is called in the meantime

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help yourself to tea and coffee

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ladies and gentlemen they're ready for

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panel J in court please pick up your

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belongings and follow me

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you

JURY SERVICE THE TRIAL

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before a trial can begin there are

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several important processes to complete

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and all of them involve the jury silence

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I'll stand

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yes mr. Krown I present an indictment

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against John Bates arraign the accused

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please John Bates you stand a dotted by

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that name that on the 16th of January

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this year at Sydney instead in New South

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Wales while armed with a dangerous

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weapon he robbed Deborah Smith of a sum

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of money the property of the National

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Australia Bank have you plead guilty or

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not guilty

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not guilty your honor I appear on behalf

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of the accused mr. Bates

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members of the jury panel you're about

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to be given some information which may

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cause one or more of you to ask to be

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excused from serving as a juror in this

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particular trial please listen very

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carefully to what is said before a

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criminal trial begins the Crown

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prosecutor reads a list of the names of

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witnesses potential witnesses or people

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otherwise involved in the case he or she

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also gives a brief outline of what the

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case is about this is to allow any

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prospective jurors to make it known to

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the trial judge if they know anyone

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associated with the trial or if they

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feel that the subject matter of the

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particular trial is such that they could

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not act impartially but could serve in

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another trial involving a different kind

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of allegation

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you

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as you've just heard the accused is

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charged with armed robbery

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this trial is expected to conclude

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within five days before the jury is

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impaneled I'll ask the Crown prosecutor

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to read out a list of names of witnesses

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or people that you may hear about during

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the trial members of the jury panel in

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this trial the crown intends to call the

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following witnesses Fred McDermott James

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Robinson

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Daniel coudair Cameron Haley

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Shirley Jones Michael Jones members of

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the jury panel is there anyone who knows

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the accused or any of the witnesses or

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feels that they may not be able to serve

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on this trial please raise your hand now

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is the time to make that known to me why

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do you seek to be excused from this

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trial sir

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Your Honor I'm head of our IT department

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I'm need to be at work it's a very busy

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time of the year I assume from what

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you've just said that you have a team

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working with you well yes in a way but

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it will be better I was there to

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supervise them this is a relatively

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short trial jury service is an important

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civic duty your fellow workers should be

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able to cope just as they would if you

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were ill or on holidays I'm not able to

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excuse you from this trial in those

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circumstances please join the panel our

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criminal justice system depends on

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members of the community being prepared

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to serve as jurors the trial judge will

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carefully consider any reasonable

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requests to be excused from serving as a

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juror yes madam why do you seek to be

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excused Your Honor I know Deborah Smith

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she is a good friend thank you for

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bringing that to my attention I will

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excuse you from this trial

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but would you please remain with the

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panel because you may be able to serve

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as a juror in another trial yes I know

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James Robinson the policeman mr. Krown

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the witness mr. Robinson is a bank

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employee I need not excuse you as the

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person you know is not the witness in

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the trial but thank you for bringing

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that to my attention it is precisely the

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sort of matter that should be clarified

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before the trial begins the formality of

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the courtroom can make people feel

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uncomfortable or nervous about speaking

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up but it is very important that members

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of the jury panel do not allow such

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feelings to prevent them from bringing

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to the judges attention any concerns

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that they have about serving as a juror

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it is absolutely vital that prospective

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jurors who wish to be excused draw it to

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the judges attention when invited to do

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so even if they have already raised the

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problem with the Sheriff's Office's and

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have not been excused by them some

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jurors may prefer to write down the

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reason they wish to be excused

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particularly if they would feel

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embarrassed by announcing it publicly

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unfortunately far too often prospective

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jurors who may not be able to serve for

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good reason wait and hope that they are

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not selected and then raise the problem

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when they have been selected that may

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mean that the whole jury has to be

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discharged and the impaneling process

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commenced

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all over again obviously this is a

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serious inconvenience to the jury just

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selected and to the prosecution and the

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defense

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who are ready to start the trial it may

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mean that the trial is delayed for a

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number of days because it may require

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further people being brought in from the

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community to form another panel members

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of the panel please have your juror

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number cards out if your card is called

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please respond by saying here or present

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and come forward and take your place in

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the jury box panel J during number zero

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four six one zero five five panel J

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juror number zero four six one zero five

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six

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the law gives the prosecution and the

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defense the right to challenge a number

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of jurors whose numbers have been called

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without giving any reason for the

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challenge if you are challenged you

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shouldn't take it personally there's

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certainly no reason to feel embarrassed

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or offended this is an important right

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exercised by the defense and the

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prosecution it's designed to allow and

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ensure that the jury that is selected is

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as fairly representative of the

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community as is possible may I assist

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the accused with the challenges

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certainly

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if you are challenged before being sworn

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or affirmed you can take a seat with the

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panel panel J juror number zero four six

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one zero five four challenge accused

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penile j-joe number zero four six one

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zero zero three challenge crown

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when the 12 jurors have been selected

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they will be asked to affirm or swear

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that they will give a true verdict

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according to the evidence all jurors

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must swear an oath or make an

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affirmation this is a solemn promise to

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decide the case only on the evidence as

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presented in the courtroom while the

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jurors are being sworn in let's take a

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moment to look at who's who in the

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courtroom

KEY PERSONNEL

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the jury is seated in the jury box and

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must decide whether the prosecution has

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proved the case beyond reasonable doubt

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the judge is addressed as your honor and

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will direct the jury on the relevant law

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the judges directions must be followed

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at all times

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the judge's associate sits in front of

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the judges bench and assists the judge

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barristers wear black gowns and wigs the

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Crown prosecutor presents the evidence

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in the prosecution case I'm the crown

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prosecutor and I present the evidence on

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behalf of the Director of Public

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Prosecutions at the end of all the

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evidence in this trial I'll be putting

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arguments to you as to why you would

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find the accused guilty

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the accused sits in the dock anyone

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accused of committing criminal offense

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is presumed innocent unless or until

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they have been proved guilty beyond

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reasonable doubt

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the accused barrister or sometimes the

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solicitor represents the accused

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throughout the trial I appear on behalf

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of the accused and in that role you will

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see me testing the evidence in the crown

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case sometimes I will directly challenge

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the evidence in cross-examination of the

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crown witnesses at the end of the

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evidence in the trial I will put

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arguments to you as to why you will find

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the accused not guilty both the

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prosecution and the defense want a jury

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who will approach the evidence in an

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impartial way and who will listen

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carefully a jury should keep an open

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mind until all the evidence is presented

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and until the competing arguments about

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the evidence are made the court officer

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cannot under any circumstances discuss

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the case with the jury if you have a

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question about the trial or your

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participation in the trial then write a

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note and the court officer will give it

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to the judge the role of the New South

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Wales sheriff's officer is to ensure the

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safety of all persons in the courtroom

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identified by their uniforms sheriff's

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officers may also be present to assist

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jurors on their

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arrival at court there will always be a

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sheriff's officer or a court officer in

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the courtroom at some stage the jury

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must choose its representative or

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foreperson that person will sit in the

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front row closest to the judge it is the

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foreperson who will deliver the verdict

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at the end of the trial on behalf of the

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jury other than this

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that person will play no greater nor

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lesser role than any other juror

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everything set in court is recorded in

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some way by the court reporter the judge

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will make some opening remarks to

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explain to the jury what will happen as

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the trial proceeds the judge will then

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ask the Crown prosecutor to give the

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jury an outline of the case before the

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evidence is presented members of the

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jury you will now hear an opening

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address from the Crown prosecutor the

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purpose of this address is to give you

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an overview of what this case is all

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about members of the jury in this case

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the crown alleges that the accused John

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Bates did on the 16th of January of this

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year in a criminal trial it is the jury

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who must decide the facts they are the

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judges of the facts therefore it is very

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important that they listen carefully to

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the evidence and keep an open mind

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ultimately when the jury is deliberating

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they have to decide what evidence they

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accept and what evidence they do not

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accept the judge is the judge of the law

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he or she will tell the jury the

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relevant law they are to apply to the

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facts before they retire to consider

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their verdict

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the jury can take as much time as is

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needed to reach a verdict it is

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important that jurors carefully consider

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the evidence and listen to each other

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you

THE VERDICT

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the jury has reached a verdict will the

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forewoman please stand has the jury

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agreed on a verdict yes how say you is

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he accused guilty or not guilty

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when I first got the jury summons it was

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the potential intrusion on my work that

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worried me I thought no I think you've

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got to be kidding I haven't got time for

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this

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but well it's been quite an experience I

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know I've had to keep an open mind

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throughout you can't make assumptions

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about a person in their honesty whoever

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they are whatever their job is we're

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supposed to start with no opinion either

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way you have to really listen witnesses

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can be questioned by both sides and that

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can really test your concentration

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I suppose it's human nature that there

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will always be someone who's made up

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their mind before the trial starts and

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it won't change it and tries to bully

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everyone to their point of view but

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that's not why we're here

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I also couldn't stop thinking this is

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real this isn't TV someone's future is

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on the balance here it's serious I'd

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better concentrate it also makes you

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realize how much our perceptions are

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shaped by the TV shows we watch which

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are often American and show a system

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that's almost nothing like ours this

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experience has been a real eye-opener

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for me I also remember we asked to

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examine some evidence again and we had a

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question by the law we wanted to ask the

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judge so he brought down a question on a

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note and passed it via the court officer

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it wasn't an easy decision I always

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imagined you know exactly how you decide

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a case by the end of the trial but it

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isn't easy we have to sift through all

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the evidence before you decide on

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anything I feel that I'm not just an

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observer of the community I'm I'm part

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of it I've played my part

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it was satisfying I didn't get it up

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until now but this is where the

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community has it see in the

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administration of justice we all benefit

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from the diversity of backgrounds and

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opinions that make up our society this

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is also true for our legal system a

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system that is designed to draw upon the

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wisdom experience and knowledge of all

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the people of our community the jury

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system ensures that we all play a role

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in the administration of justice in this

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state on behalf of all the people of New

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South Wales thank you for your service