Jury service plays a central role in the justice system in New South Wales. Jurors are randomly selected from a jury roll based on information provided by the Australian Electoral Commission (AEC), so if you are enrolled to vote, you can be called to serve as a juror in NSW.
In criminal law proceedings, a criminal jury typically consists of 12 people, though in complex or lengthy trials up to 15 may be empanelled. The jury must reach a unanimous verdict. However, if unanimity cannot be achieved after a reasonable time, a majority verdict of 11 out of 12 jurors may be accepted. If the jury still cannot reach a majority verdict, a retrial may occur.
This article discusses being a juror in NSW, including the obligations, responsibilities, prohibitions, and entitlements that come with the role.
Who Is a Juror in NSW?
In New South Wales, the role of a juror is to act as an independent and impartial finder of fact in serious criminal trials and some civil matters. Juries are used in the NSW District Court and the NSW Supreme Court to ensure that legal verdicts are impartial and in line with community standards of behaviour.
The scale of jury service in NSW is significant. Each year, around 200,000 potential jurors are randomly selected from the NSW Electoral Roll and included on a jury roll. Approximately 150,000 of those people are sent a jury summons notice at some point during the year. Of the 150,000 people summoned, only 9,000 are ultimately selected to serve on jury panels for specific trials. The Jury Services Branch of the Office of the Sheriff of New South Wales administers the jury system in NSW.
Is Jury Service Mandatory for a Juror in NSW?
Yes, jury duty is mandatory. If you receive a summons for jury service, you must obey it as it is a legal document. If you do not attend court without being excused, you may face a fine of up to $2,200.
You can check onlinewhether you are still required to attend jury service from 4:30 pm on the business day before your court date. You must report to the court listed on your jury summons and you should bring photo ID and a copy of your banking details when you attend. Upon arrival, you will be shown a short video about what to expect in court.
You may, however, be excluded or excused from jury duties under several grounds, which are discussed below.
How Are Jurors Selected in NSW?
Upon notice of inclusion, potential jurors receive a summons requiring attendance for a specific trial. The final stage of jury selection and empanelling takes place in court after jurors report for jury service. Potential jurors are taken in groups into the courtroom, where jury members are selected by ballot.
The judge’s associate draws juror numbers randomly from a ballot box during the jury selection process. If your number is called, you will be asked to take a seat in the jury box. Both the prosecutor and the defence counsel can challenge (reject) a juror without giving reasons during the selection process. Once all challenges have been exhausted, selected jurors are asked to take an oath or affirmation to carry out their task faithfully and impartially.
Jurors then select a foreperson from among themselves. The foreperson communicates with the judge throughout deliberations and delivers the final verdict on behalf of the jury.
Obligations of a Juror in NSW
Jurors are the triers of fact. This means they decide what factual evidence to accept or reject, and they have the power to determine whether a witness’s statement is reliable. Jurors hear the evidence and apply the law as directed by the judge to determine whether the defendant is guilty beyond reasonable doubt.
Key obligations include:
- Keeping an open mind and deciding the case based only on the evidence admitted in court
- Attending court daily from 9:30am to 4:00pm, as the court cannot proceed without all jurors present
- Taking an oath or affirmation to give a true verdict according to the evidence, free from bias
- Maintaining confidentiality, with discussions occurring only in the jury room when all jurors are present
- Informing the judge immediately if a conflict of interest arises
Support services, including free confidential counselling, are provided through the Juror Support Program by the NSW Sheriff’s Office for jurors who find the experience distressing.
Juror NSW Prohibitions
A juror must not disclose jury deliberations.
It is a criminal offence to disclose details about the jury’s deliberations, even after the trial ends. Such a violation can result in a fine of $2,200.
A juror must not make an enquiry outside the courtroom.
The law prohibits jurors from making enquiries outside the courtroom. Jurors must not try to gain additional information about the defendant or any matter relating to the trial, except in the proper exercise of their duty. This prohibition covers researching the defendant online, going to the scene of the crime to obtain more information, or conducting experiments. This ensures the jury remains impartial, with the verdict based solely on evidence presented in court.
Making further enquiries outside the courtroom is a criminal offence under the Jury Act 1977. The maximum penalty is two years’ imprisonment and/or a fine of up to $5,500.
Under Section 68C of the Jury Act, making an enquiry includes the following:
- Asking a question to any person
- Conducting any research, for example by searching an electronic database such as the internet
- Viewing or inspecting any place or object
- Conducting an experiment
- Causing someone else to make an enquiry
Reporting Jury Misconduct in NSW
The law allows jurors to report any suspected misconduct or irregularity by a fellow jury member. Under Section 75C of the Jury Act 1977, reportable “irregularities” include:
- The commission by the juror of an offence under the Act, or any other misconduct
- A juror becoming excluded from jury service
- The refusal of the juror to take part in the jury’s deliberations
- The juror’s lack of capacity to take part in the trial or coronial inquest, including an inability to speak or comprehend English
- The juror’s inability to be impartial because of familiarity with witnesses, parties, or legal representatives, any reasonable apprehension of bias or conflict of interest, or any similar reason
Juror NSW Exclusions
A person can be excluded from serving on a jury if they:
- Have been convicted of certain serious offences
- Have served a term of imprisonment within the last seven to ten years
- Have been found guilty of an offence and detained in a detention centre or juvenile facility in the past three years
- Are currently bound by a court order relating to a charge or conviction, such as parole, a community service order, an apprehended violence order (AVO), a good behaviour bond, bail or remand, or an order disqualifying the person from driving
- Are employed in public service, law enforcement, criminal investigation, the provision of legal services, or the administration of justice
Juror NSW Exemptions
A person can claim an exemption from jury duty if they:
- Are a practising dentist, pharmacist, or medical practitioner
- Are part of the clergy
- Are employed or engaged in emergency services provision
- Care for children or others who have a mental or physical impairment
- Are a sole trader or contractor
- Have medical needs enabling absence and an inability to attend
- Have served as a juror in the past three years, or attended court when required for jury duty (but did not serve) in the last 12 months
- Have study commitments that cannot be missed
How to Apply to Be Excused From Jury Service in NSW
You can apply to be excused from jury service if you have “good cause” to do so. You must apply to be excused at least one week before the summons date and should provide relevant supporting documents with your application. Exclusions and exemptions are decided on a case-by-case basis.
It is important to note that if you ask to be excused, no allowance is payable regardless of when you are excused, as you are not making yourself available for jury service.
Juror NSW Pay and Allowances
If you are selected as a juror, you will receive an allowance intended to reduce any financial hardship incurred from serving. The amount depends on the length of the trial and your employment status:
| Trial Duration | Daily Rate | Who Receives It |
|---|---|---|
| Days 1 to 10 | $106.30 per day | All jurors |
| Days 11 to trial end | $247.40 per day | Employed jurors |
| Days 11 to trial end | $106.30 per day | Jurors who are not employed |
As a juror, you are also paid a travel allowance calculated on the distance from your postcode to the courthouse at 30.7 cents per kilometre. Jury allowance payments are made weekly by electronic funds transfer to your nominated bank account.
All public servants are paid by their agencies whilst completing jury service and are not entitled to a jury allowance payment.
Responsibilities of an Employer of a Juror in NSW
Jury duty is a type of community service leave. Employees, including casual employees, can take leave to attend jury selection and jury service; however, the employee must provide evidence confirming their attendance.
Employers are required to release employees for jury service and cannot dismiss or disadvantage an employee for attending. Employers may face severe penalties if they dismiss an employee because of their absence for jury service. Furthermore, employers cannot force employees to take accrued holidays or sick leave to attend court for jury selection.
Seeking Legal Advice About Jury Service in NSW
Perhaps you have received a summons for jury duty but are facing complications. Or perhaps you wish to apply for an exclusion or exemption from being a juror in NSW. Either way, obtaining legal advice early is the best step you can take.
JB Solicitors has a leading team of lawyers who can help with your case. We provide legal advice tailored to your individual needs and ensure that your legal matters are resolved with clarity and confidence.
Do you have more queries about being a juror in NSW? Contact us today.
Frequently Asked Questions: Juror NSW
1. How are jurors selected in NSW?
Jurors are randomly selected from the NSW Electoral Roll. Each year, around 200,000 potential jurors are included on a jury roll, approximately 150,000 of whom receive a summons, and around 9,000 ultimately serve on a jury panel. During selection in court, both the prosecutor and defence can challenge a prospective juror without providing reasons.
2. What happens if I do not attend jury service in NSW?
If you do not attend court without being excused, you may face a fine of up to $2,200. You will first receive a letter requesting an explanation, and if the explanation is not accepted, the fine may be enforced.
3. How do I apply to be excused from jury duty in NSW?
You can apply in writing to the Sheriff’s Office. Applications must be submitted at least one week before the summons date and must include relevant supporting documents. Applications are assessed on a case-by-case basis.
4. How much are jurors paid in NSW?
Jurors receive $106.30 per day for the first ten days of a trial. From day 11 onwards, employed jurors receive $247.40 per day, while those who are not employed continue to receive $106.30 per day. A travel allowance of 30.7 cents per kilometre is also paid. Payments are made weekly by electronic funds transfer.
5. Can my employer dismiss me for attending jury service in NSW?
No. Employers are legally required to release employees for jury service and cannot dismiss or disadvantage an employee for attending. Severe penalties apply to employers who breach this obligation.
6. Can a juror conduct their own research during a trial?
No. Jurors are strictly prohibited from conducting their own research outside the courtroom, including internet searches or visiting the scene of the crime. The maximum penalty for this criminal offence is two years’ imprisonment and/or a fine of up to $5,500.
7. What is the role of the foreperson in a NSW jury?
Jurors select a foreperson from among themselves once they retire to deliberate. The foreperson manages the jury’s deliberation process and delivers the final verdict on behalf of the jury to the judge.
8. Is there support available for jurors in NSW?
Yes. Free confidential counselling is available through the Juror Support Program, administered by the NSW Sheriff’s Office, for any juror who finds the experience distressing.
