The law regulating juries is contained in the Jury Act 1977 (NSW).
Yes. If you have not been excused and do not attend, you will be sent a letter asking you to explain why you were absent. If your explanation is not accepted, a fine of up to $2,200 can apply.
Jurors are randomly selected from the jury roll in a particular area. The jury roll is compiled based on information supplied by the Australian Electoral Commission. Generally, if you are qualified to vote, you can serve as a juror.
Certain people are excluded from serving on a jury. You may be excluded if you:
You can claim an exemption from jury duty if you:
There are a number of other people who are excluded or may be excused. Importantly, you must apply to be excused. Generally, each case is decided on its merits.
Your employer must release you for jury service, and employers are liable to severe penalties if they fire, or otherwise disadvantage you because of your absence for jury duty. Further, your employer cannot force you to take accrued holidays or sick leave to serve on a jury.
Not necessarily. Some people may be excused from duty. If you recognise any of the names of or know the accused, witnesses or police officers involved in the case you may be excused. Following this process, jurors are selected from a random ballot.
Even after this process, both the prosecution and defence have the opportunity to object to potential jurors. Both parties may make three objections. If the prosecution or defence object to a juror, that juror is excused.
If you have questions about jury duty, contact Hamilton Janke Lawyers 24/7 on 4038 1666.
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
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