Everything You Need To Know About Jury Duty

Friday, 11 October 2024, 6:34 pm
Article: RNZ

Liu Chen, journalist

Every year, about 130,000 New Zealanders receive an envelope in their letter box containing a document that many dread.

This document isn't a bill from Inland Revenue, it's a letter summoning the recipient to attend court for jury duty.

Upon receiving such a summons, recipients typically find themselves trying to work through a barrage of questions about work, compensation, legal knowledge, language issues and accessibility needs.

Should that envelope arrive in your letter box one day, here's a primer on everything you need to know:

What is a jury?

A jury is a group of 12 people from the community who are randomly selected from the electoral roll. The members listen to evidence presented by the prosecution and defence in a case, decide on facts and then reach a verdict: guilty or not guilty.

What trials need a jury?

Jury trials are reserved for more serious crimes. A defendant has the right to elect a jury trial when they are charged with an offence punishable by a maximum sentence of two years' imprisonment or more.

Juries are said to reflect the democratic process, ensuring that ordinary people participate in making decisions of vital importance.

How are jurors summoned?

The court randomly selects people registered on the electoral roll and who live within 45 kilometres. All registered voters are eligible for jury service, with some exceptions.

Are jurors required to have knowledge of the law?

Jury members don't need any prior legal knowledge. The judge will explain anything jurors need to know about the law in relation to the facts of the case and will often give members a specific list of questions they need to answer before reaching their verdicts.

Can jurors turn down court duty?

Anyone summoned must attend court unless a judge defers your jury service or excuses you. If recipients of a jury summons fail to attend, they can be fined up to $1000.

Who can be excused?

People who are aged 65 or over, permanently disabled or have a chronic illness, can request to be permanently excused when responding to a jury summons. If someone who has been summoned is unwell or has an emergency on a particular day, or if they have knowledge of someone involved in the case, they need to inform the court. In such cases, they could be excused from jury service on a judge's ruling. Jurors who have completed jury service in the past two years can also ask to be excused.

Who can't serve on a jury?

Some people can't serve on a jury because of their occupation, particularly if they are a member of parliament, governor-general, member of a parole board, judge, barrister with a current practising certificate or employee of the Department of Corrections, Police or Justice Ministry. A person with an intellectual disability is ineligible to serve on a jury, as are those who are sentenced to imprisonment or home detention for a certain period.

What to do after receiving a jury summons?

Recipients of the summons should talk with their employer about getting time off work, organise childcare and work out transportation logistics. Those who feel they are unable to attend can apply for a deferral or an excusal. In both cases, recipients should respond to the summons online, by email or post.

How is a jury selected?

More than 12 people are summoned to the selection process to ensure the jury is made up of a variety of people that represents the wider community. A pre-trial ballot is held in which your name might be drawn, and you will be asked to enter a courtroom. If your name isn't called, you might be asked to wait for another pre-trial ballot or be instructed to go home.

If selected, a jury ballot is held in the courtroom. The defendant will be in the courtroom, and prospective jury members are told what offence the accused has been charged with. A potential jury member should ask to speak to the judge if they want to be excused. Potential members of the jury can be challenged by either the prosecution or defence lawyers before taking a seat in the jury box. Lawyers typically attempt to get a cross-section of people on a jury, and don't need to provide a reason for challenging any participant.

What if English isn't a juror's first language?

If English isn't a jury candidate's first language and they have concerns about their ability to understand proceedings, the candidate is advised to raise their concerns with the court by phone on 0800 COURTS (0800 268 787) between 8am and 5pm, Monday to Friday, or via email at the address printed in their summons letter.

What if jurors need disability support?

People who have a disability are still able to serve on a jury but should contact the court ahead of time as outlined above to discuss what support they might need.

How long will jurors be needed?

The amount of time that candidates will be needed to serve on a jury may be specified in the summons letter. Court sitting hours are generally from 10am to 5pm. Sometimes, a court may sit outside these hours.

What compensation will jurors receive?

People are paid weekly for attending jury service for every half day they spend at court, ranging from $31 per half day to $163 per day if they work extended hours. Employers do not have to pay their employees while they are on jury service, but many choose to top up the money their employees get from the Justice Ministry so that their employees receive their normal wages.

If a candidate believes that attending jury service will result in serious financial hardship, they can apply to the court for a higher payment. The court may contact applicants for more information before deciding whether to approve the request.

Are jurors provided with food or transport?

Tea and coffee facilities are available for people to use at morning and afternoon recess. A one-hour break is also taken for lunch, but jurors need to bring their own meals. Jurors will be provided with lunch if they're in the jury deliberation room during the lunch hour.

The court reimburses jurors for mileage if they use their own vehicle as well as their parking costs. The court will also reimburse jurors who use public transport to get to jury service. Taxis are available for jurors who finish after 6pm. The court helps with childcare expenses worth up to $80 each day.

What are the rules?

Be on time. Tardiness is a no-no.

Jurors must refrain from doing their own research into the trial, such as scanning media reports or asking about it on social media. It puts the defendant's right to a fair trial at risk.

Wear smart casual, comfortable clothing. Courtrooms can get cold, so jurors are advised to bring something like a jersey or cardigan they can easily put on and take off.

The belongings of court attendees are scanned upon entering for safety reasons. Items that aren't allowed to be taken into a court building include knives, scissors, knitting needles, steel cutlery, alcohol or drugs.

Mobile phones are not allowed to be used in court. When the jury leaves the courtroom to consider its verdict, cell phones are not permitted at all, and court staff will keep phones until jurors have finished.

Jurors cannot discuss the trial with anyone who is not on the jury, which includes family, friends and media, as well as lawyers, witnesses and other people who might be interested in the trial. They must also refrain from discussing the case with other jurors unless you're all in the jury room together.

What jurors can and cannot do is always subject to what the judge tells them and gives to them in writing during the trial. Jurors must always follow the judge's instructions, including name suppression orders if they are relevant to the trial.

Can jurors talk to the media or other people about the case after the trial?

Jounalists are not allowed to talk to jurors or identify them. Similarly, jurors are not allowed to talk to media about the case - either during or after the trial.

Once the trial has been completed, jurors must not answer questions about the verdict, how it was reached or anything else that happened in the jury room. Jurors must refrain from posting anything about the trial on social media. If jurors subsequently see someone who was involved in the trial and feel threatened, they should contact police.

What if jurors are mentally affected by the trial?

The evidence presented in some court cases can be distressing. If a juror feels upset, they are advised to let court staff know. If a juror needs to see a counsellor after the trial, the Justice Ministry can arrange this and will cover the cost. In such cases, jurors are advised to inform court staff or email juryservice@justice.govt.nz.

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