We’ve considered what happens if you are called for jury duty. Next, we’ll discuss what your obligations are if you are selected to serve as a juror.
The composition of a jury
In a criminal trial in the District Court or Supreme Court, there are usually 12 jurors. The jury must come to a unanimous conclusion. If the jury cannot reach a unanimous verdict after a significant period of time, and it is unlikely that the jury will reach such a verdict, a majority verdict may be accepted. A majority verdict is one agreed to by 11 out of 12 jurors.
If the court determines that it is unlikely that the jury will reach a majority verdict, the court may discharge the jury and a retrial may occur.
Obligations
New South Wales has taken a significant step in addressing domestic abuse with the introduction of legislation criminalising coercive control. Coercive control is now recognised as a serious offence, and experienced criminal lawyers must be engaged to navigate the new legislative impacts.
The team at Hamilton Janke Lawyers is equipped with the knowledge and experience necessary to navigate these serious allegations, striving to achieve the best possible outcomes for our clients. Whether you’re seeking to understand the specifics of your case or need a robust legal defence, our lawyers are here to provide clear, practical guidance and support.
Key Takeaways
- Jurors decide on the evidence's credibility and apply the law to reach a verdict in criminal trials.
- A unanimous verdict is required, but a majority (11 of 12 jurors agreeing) may be accepted under certain conditions.
- Jurors must take an oath or affirmation to give a true verdict based on evidence, without prejudice.
- They cannot disclose deliberation details or seek additional information beyond the courtroom evidence.
- Misconduct or violations of jury obligations can result in legal penalties.
What jurors cannot do
Jury members have a number of other important obligations while serving on a jury. First, members must not tell anyone about the deliberations of the jury or how the jury (or a member of the jury) came to a certain conclusion that arose in the trial. Doing so can result in a fine of $2,200.
Jurors cannot make an enquiry to gain further information about the accused or any matters relating to the trial, except in the proper exercise of their duty (in the courtroom). This includes doing things like checking an internet database, viewing a certain place or object (outside of the trial environment) or conducting an experiment. This is important, because the jury must come to a conclusion about the offence charged, rather than incidents surrounding an allegation, and their verdict must be based solely on the evidence produced by each party. Making further enquiries is a criminal offence under the Jury Act. The maximum penalty for such conduct is 2 years’ imprisonment, or $5,500 or both.
Jurors can report any suspected misconduct or irregularity of other members of the jury. ‘Irregularity’ is defined in the Jury Act to include:
- the commission by the juror of an offence under the Jury 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 (including an inability to speak or comprehend English),
- the juror’s inability to be impartial because of the juror’s familiarity with the witnesses, parties, or legal representatives in the trial, any reasonable apprehension of bias or conflict of interest on the part of the juror, or any similar reason.
If you have questions about jury duty, contact Hamilton Janke Lawyers 24/7 on 4038 1666.
