Understanding the Role Of Jury in Legal Cases

The importance of trial by jury was clearly expressed by Deane J in passionate words in his judgment in Kingswell in the year 1985:

“The guarantee of section 80 of the constitution was not just a mere expression of some casual preference for one type of criminal trial. Instead, it reflected a deep-seated conviction of free men and women about how justice should be served in criminal cases. This conviction finds a solid basis in the complete understanding of the history and functioning of the common law. All of the rules relating to jury service in New South Wales (NSW) are regulated by the Jury Act 1977 (NSW).

In Australia, there is a right to right to trial by jury. This is contained in section 80 of the constitution, which states;

‘The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.’

Every individual who is enrolled to vote in NSW is qualified and liable to serve as a “Juror”. However, there are a few exclusions that are briefly mentioned below. Many of these may be based on the profession, sickness, disability, or undue hardships of a person as a result of serving jury duty. The number of jurors in a criminal trial is determined by s 19 of the Act.

Juries are made up of a total of 12 people selected at random from the electoral roll. In NSW, there is a specific requirement for a unanimous jury of 12. Given the need for a majority verdict of 11 jurors, which is expected to last more than 3 months, in general. The judge has the right to choose to add more people to the jury, i.e., a maximum of 3 additional jurors. This is done to make sure that there are enough jurors for the verdict to be made.

Selected or potential jurors are not required to disclose their identities except to the sheriff. They are to be referred throughout the proceedings by numbers provided to them by the sheriff.

Juries are used in the NSW District Court and NSW Supreme Court to:

• hear and determine more serious criminal matters
• hear and determine civil matters involving large monetary claims

Juries are also used in coronial inquests in the NSW Coroners Court. Juries determine most of the criminal cases in the District or Supreme Court. The role of a jury is to typically assess “indictable offences” or serious criminal matters. However, at times, they are also used in some civil cases. They are not normally used for less serious criminal offences.

The key role of the jury is to hear people’s claims and evidence that is presented to them in court. Afterwards, they apply the law as directed by the judge. Jurors make the decision based on the evidence and law if the person is guilty or innocent in a crime they have been charged. The decision made by the jury is called a Verdict.

They play a vital role in the Australian judicial system by maintaining a perception of fairness and justice. The role of the jury has been designed to represent the broader population rather than a particular person and any other bias or prejudice they may have. Without the help of a jury, the decision about a person ‘s guilt would be solely that of the judge. In Australia, the role of the jury is to decide whether a person is guilty or not. By any means, they do not have the right to decide on the penalty that should be applied to the guilty person.

There are various criminal matters which are tried by a jury. For example;

• murder trials;
• terrorism trials;
• serious sexual assault trials;
• robbery trials;
• tax fraud trials
• fraud trials;
• Centrelink fraud trials; and
• money laundering trials.

It is important to obtain legal advice from top criminal defence lawyers before deciding to go to trial.

In Australia and other jurisdictions, jury nullification is when a jury in a criminal trial finds an accused not guilty, although, at law, the accused has broken the law. Jury nullification usually occurs when the jury believes the actions of the accused were justified on moral or ethical grounds. This can occur as juries have the right to decide the case without providing any reason for their decision.

There is no state or federal law that governs jury nullification in Australia.

There is various exemptions from jury duty in NSW. Certain people qualify for jury duty exemption if they:

• Are an undischarged bankrupt;
• Been bound by a court order relating to a charge or conviction (such as parole, community service order, AVO, good behaviour bond, bail or remand);
• Been or are employed in public service, law enforcement, criminal investigation, the provision of legal services, or the administration of justice;
• Been convicted of certain serious offences;
• Served a term of imprisonment within the last seven to ten years; and
• Been found guilty of an offence and detained in a detention centre or juvenile facility in the past three years.

In addition to the above, you may get an exemption from jury duty in NSW if you;

• Are a practising dentist, pharmacist, or medical practitioner;
• Medical needs enabling absence and inability to attend;
• Are employed or engaged in emergency services provision;
• Care for children or others who have a mental or physical impairment;
• Have study commitments that are unable to be missed;
• Are a sole trader or contractor; and
• Are part of the clergy.

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.