The Law Handbook 2024

26 Section 1: Understanding our laws and courts It is an offence not to attend jury service after receiving a summons; the maximum penalty is 30 pu or three months imprisonment (s 71). If a person is empanelled (i.e. chosen for a jury) it is an offence to fail to attend court without a reasonable excuse (s 71). The maximum penalty is 60 pu or six months imprisonment. Selection for a jury People summoned for jury service go into a jury ‘pool’. When a jury is required for a trial, the jury pool supervisor selects a group of jurors (called a ‘panel’) for the trial. The panel is assembled in the jury pool room where the jurors are shown a video of the final step in the jury selection process (called ‘empanelment’). This makes sure that prospective jurors are familiar with the procedure before entering a court for empanelment. The panel of jurors is then taken to a court that requires a jury. One of the judge’s staff announces that if your identifying number (or sometimes, your name) and occupation are called, the accused person in the dock will be given an opportunity to see your face. You will then enter the jury box, unless you hear the accused call ‘challenge’. The judge’s associate calls out the identifying number (or name) and occupation of each panel member (s 36). The defence can challenge jurors, and the prosecution can ask jurors to be stood aside. If there is one accused person, the defence can challenge three jurors; if there are two or more accused people, the defence can challenge two jurors per accused person (e.g. if there are two accused people, the defence can challenge four jurors) (s 39). Likewise, the prosecution can stand aside three jurors if there is one accused person; if there are two or more accused people, the prosecution can stand aside two jurors for each accused person. The jurors who are not challenged or stood aside are on the jury for that trial (s 36(2)). Payment for jury service Jurors are paid for each day’s attendance, whether or not they serve on a jury (s 51). The payment is at a prescribed rate under the Juries (Fees, Remuneration and Allowances) Regulations 2001 (Vic), which is currently $40 a day for the first six days, and $80 a day for each day thereafter. If a trial lasts more than a year, the payment rises to $160 per day. People summoned for jury service should bring their summons with them, as this is the authority to get paid. If a person is an employee, they are entitled to be reimbursed by their employer the difference between the amount paid by the court and the amount they could reasonably expect to have received from their employer if they had not been performing jury service (s 52). An employee must notify (in writing) their employer as soon as possible of the date of their jury service, the duration of the jury service, and the amount of income to be reimbursed by the employer (s 53). Employers should note that it is an offence, carrying hefty penalties, to terminate or threaten to terminate the employment of an employee, or otherwise prejudice the position of an employee, because that employee attends jury service (ss 76, 83). Role of the jury The jury’s role is to decide the case based on the evidence presented during the trial. Evidence may be submitted as oral evidence from witnesses, or physical evidence (i.e. exhibits). The judge tells (or ‘directs’) the jury everything it needs to know about the law to be applied in the case. The jury: • decides the facts of a case; • applies the law as the judge directs; • brings in a verdict. It is important that the facts of a case are discussed only with other members of the jury, and not with friends and family. All discussions should only take place inside the jury room. If assistance or clarification is required, jurors can ask the judge through the foreperson. It is a criminal offence for jurors to conduct any research of their own (i.e. they must not search the internet for any matter associated with the case), go to a scene of an offence, conduct any experiment, or request any other person to make enquiries (s 78A). Jurors are not permitted to discuss any facts or legal issues with the judge’s staff, who can only assist jurors with administrative matters (e.g. refreshments in the jury room). Also, jurors are forbidden from disclosing the identity of another juror, or the details of any jury discussions about the case. This also applies after a trial is finished. Jurors should report anyone who seeks