Jury service

Contributed by RenataBlanch and TijanaJones and current to October 2024

Overview

The Australian justice system works on the principle that people should be tried and judged by their peers. For this reason, in the Northern Territory, a person charged with a serious criminal offence is tried in the Supreme Court before a judge and jury. A jury trial is also available to settle some civil disputes but this practice has become increasingly rare.

The role of the jury is to decide the facts, apply relevant principles of law to those facts, and return a decision (called a verdict in a criminal trial). Jurors play an important role because they represent the general-public. Jurors ensure that justice is in line with community standards by providing an independent and common-sense approach to evaluating the evidence that is presented during a trial.

In the Northern Territory, the law that relates to juries is the Juries Act 1962 (NT) (“JA”), Juries Regulations 1983 (NT) (“JR”) and provisions of the Criminal Code Act 1983 (NT) (“CCA”).

Types of jury service

There are two types of jury service:

• Criminal: where the jury consists of 12 people (s37(1) Juries Act 1962 (NT) ("JA")) who decide the guilt or innocence of a person or persons tried in the Supreme Court. The Court may direct that reserve jurors be selected in a criminal trial (s37A(1) JA).
• Civil: where the jury consists of four people. Most civil cases are tried by the Court without a jury (s7(1) JA) A jury will only sit in a civil trial if an application to have the case tried before a jury has been made by one of the parties involved and accepted by the Court (s7(2) JA).

Juror selection

In the Northern Territory, the Supreme Court hears cases in both Darwin and Alice Springs. Every person registered on the Northern Territory electoral roll is liable for jury service if they reside in a jury district unless they are not qualified or exempt.

The jury district for Darwin includes the electoral divisions of Blain, Brennan, Casuarina, Drysdale, Fannie Bay, Fong Lim, Goyder, Johnston, Karama, Nelson, Nightcliff, Port Darwin, Sanderson, Spillett, and Wanguri (regulation 4 Juries Regulations 1983 (NT) (“JR”)).

The jury district for Alice Springs includes the area of land in the municipality of Alice Springs (reg 5 JR).

People enrolled to vote within a jury district can be summonsed as jurors to hear cases held at that jury district's courthouse. The Sheriff of the Northern Territory compiles, by random computer selection, a jury list for each of the jury districts of Darwin and Alice Springs from the Northern Territory electoral roll.

For each sitting of the court, a large group of people (called a jury pool) is selected at random from the jury list. At least seven days prior to the date of the court hearing, a summons to appear for jury service is sent to those people. A person summonsed to attend jury service is not automatically included in a jury as outlined below.

Qualifications of jurors and liability to serve

Every person registered on the Northern Territory electoral roll is liable for jury service if they reside in a jury district (s19(a) and (b) Juries Act 1962 (NT) (“JA”); regulation 4 and 5 Juries Regulations 1983 (NT) (“JR”)) unless they are not qualified (s10 Juries Act 1962 (NT)) or exempt (s11 JA).

Not qualified for jury service

A person is not qualified to serve as a juror (s10 JA):

• if they are in prison;
• if they are on parole;
• if they have a sentence wholly or partly remitted and are subject to conditions;
• if they are subject to a suspended sentence;
• if they have completed a period of imprisonment within the last seven years;
• if they have been sentenced to a term of imprisonment for a capital offence anywhere in Australia or in a prescribed country; or
• if they are of unsound mind, in a hospital, undergoing treatment according to the Mental Health and Related Services Act 1998 (NT) or are a person in respect of whom an order has been made under the Guardianship of Adults Act 2016 (NT).

Exempt from jury service

A person is exempt from serving as a juror (s11 Juries Act 1962 (NT) with reference to Schedule 7) if they are:

• over the age of 70 and request to be exempt;
• NT Administrator and the Administrator’s Official Secretary;
• Secretary of the Executive Council;
• a person who holds, or has, within the previous 10 years, held, a judicial office;
• a spouse or a de facto partner of a Judge;
• a member of the Legislative Assembly;
• the Ombudsman, and an employee of the Office of the Ombudsman;
• a person regularly employed on duties on board aircraft used in aerial ambulance services;
• a legal practitioner;
• an articled clerk or graduate clerk of a legal practitioner;
• a clergyman in holy orders, a priest of the Roman Catholic faith and a minister of religion having an established congregation;
• a monk, nun or other vowed member of a religious community;
• a person registered under the Health Practitioner Regulation National Law to practise as a dentist;
• a practising medical practitioner;
• the secretary and a member of the Parole Board;
• a member of the Police Force of the Northern Territory;
• a correctional services officer;
• an employee as defined in the Public Sector Employment and Management Act 1993 who is employed in an Agency primarily responsible for law and the administration of justice, correctional services or the administration of courts or who is under the direct control of the Commissioner of Police;
• a person employed by the Legal Aid Commission;
• a person employed by the Director of Public Prosecutions;
• a person with a disability who, as a result of that disability, is incapable of discharging the duties of a juror;
• a person who is exempt under the Jury Exemption Act 1965 (Cth), including, but not limited to, members of the Fair Work Commission, members and special members of the Australian Federal Police, and members of the Defence Force other than members of the Reserves; or
• a person whom the Sheriff is satisfied has been summoned to attend as a juror not later than 3 years after the date on which they previously served as a juror (s18AB Juries Act 1962 (NT)).

Sufficient cause to be excused from jury service

A person may be excused from jury service by a Judge or an Associate Judge of the Supreme Court if they (s15 JA):

• have sufficient cause to be excused, such as not being able to read, write and speak the English language; or
• their qualifications to serve as a juror are in doubt.

When a Judge or an Associate Judge of the Supreme Court so excuses a person, they may defer their jury service to another time (s17A JA).

A judge may excuse a person from jury duty after proceedings have commenced.

Determination of liability to serve as a juror

A person who is of the opinion that they cannot serve as a juror because they are not qualified, exempt or have sufficient cause to be excused, must immediately advise the Darwin Sheriff's Office or Alice Springs Supreme Court Registry and provide a statutory declaration(see Legal documents this chapter) to that effect with any supporting evidence annexed. For example, if a person seeks to be excused from jury service on medical grounds, a medical certificate should be annexed to the statutory declaration that verifies that the person is unable to perform jury service for a specified time period or indefinitely. The statutory declaration must be provided no later than 48 hours before the date and time stated in the Summons. For example, if the juror is summonsed to attend for jury service on Friday at 9.00am they must have submitted their statutory declaration by Wednesday at 9.00am at the latest. Statutory declarations received after this date and time will not be accepted.

Summons for jury service

A person summonsed for jury service must attend the Supreme Court at the date and time stated in the summons unless the Sheriff (or their representative) has advised that they are not qualified, exempt or otherwise excused. Jurors should attend the Supreme Court wearing neat, casual clothing and suitable footwear. A light jacket or cardigan is also advised.

First attendance is for jury induction

When a juror first attends the Supreme Court, this is for the jury induction. They will be required to move through security screening and then present their jury summons and/or photo identification to have their identity checked and attendance recorded before entering the Jury Muster Room.

The Jury Manager (or their representative) will conduct a jury induction to deliver important information about jury service, which includes watching a video about the role of a juror and court proceedings. Jurors should allow two hours for the jury induction.

Jurors will then be advised about when they are required to attend for jury selection, which involves phoning the free-call jury information number provided at the end of the induction, and also in the letter sent out with the summons, as follows:

Darwin: Panel A: 1800 657 600 Panel B: 1800 657 511

Alice Springs: 1800 064 619

Second attendance is for jury selection

Please note: In Darwin, attendance for the jury induction (the date given in the summons) and jury selection usually take place on different days. In Alice Springs, attendance for the jury induction and jury selection usually take place on the same day (the date given in the summons).

When a juror next attends the Supreme Court, this is for jury selection, and they must be ready to sit on a trial from that date and time. They will be required to move through security screening and then present their jury summons and/or photo identification to have their identity checked and attendance recorded before entering the Jury Muster Room

When the trial is ready to commence, jurors are escorted to the courtroom where the trial will be held.

Jurors are required to follow court etiquette, which includes turning off all electronic devices, not wearing a hat or sunglasses, not chewing gum, and not eating food in the courtroom.

Criminal trials

Empanelment

In criminal trials, when the jury panel enters the courtroom, the accused will be sitting in the dock and arraignment will occur. This means each offence for which the accused is charged will be read and the accused will enter a plea of guilty or not guilty to each matter charged. The Judge will provide a summary of the trial, including the estimated length of the trial, the names of the parties and their legal representatives in the trial, the nature of the charges, and the names of any witnesses to be called. The Judge will then call for the jury panel list and will use this to empanel a jury.

As part of the empanelment process, the court will call on people in the jury panel who seek to be excused from serving on that particular trial. As stated above, a person may be excused by a judge if they have sufficient cause to be excused or their qualifications to serve as a juror are in doubt (s15 Juries Act 1962 (NT)). If a juror knows someone involved in the criminal trial, or knows something about the facts of the criminal trial, they must raise this with the Judge. Each juror in the jury pool has a unique number. Those persons who are not excused by the Judge, will have their unique number placed in the ballot box, and random selection will take place from the ballot box to empanel a jury.

The parties to a proceeding, being the Crown (prosecution) and accused (defendant), are able to challenge or stand aside a potential juror without cause (reason), which excludes them from the jury. Jurors should not be alarmed or upset if they are challenged. Jurors who are not challenged are selected as a juror on that criminal trial. They are required to swear an oath or affirmation to give a true verdict according to the evidence and sit in the jury box.

Ordinarily, the jury consists of 12 people. Additional jurors may be selected if so directed by the Judge.

When the required number of jurors are in the jury box, the remainder of the jury panel returns to the jury pool, unless the Court orders otherwise. It is important for jurors to follow the directions of the Judge and Jury Manager (or their representative) who will instruct them as to when they may be required to attend to be balloted for another trial or otherwise discharged.

The criminal trial

In a criminal trial, the role of a jury is to decide whether the accused has been proven guilty beyond a reasonable doubt on the evidence presented at trial. Both parties, being the prosecution and defence, present their evidence and the jury hears arguments from both sides. The Judge decides whether certain evidence is admissible to be presented to the jury. The Judge also instructs the jury in relation to the law and how to apply it to the facts of the case.

Jury deliberations occur in secret, away from the courtroom. No outside communication is allowed, except through the Sheriff’s Officer’s sworn onto the trial. It is an offence (called contempt of court) for a juror to tell anyone about statements, opinions, arguments or votes made by members of the jury. Jurors are not allowed to use social media to post anything about the case or to look up background information about the case.

When the jury reaches a decision (called a verdict) or informs the trial judge that they are unable to reach a verdict, they return to the courtroom and announce this, after which they will be discharged by the Judge. A jury does not participate in the sentencing process.

Civil trials

The selection process for jurors in civil trials is the same as for criminal trials, except that the parties, being the plaintiff and defendant, must show cause (that is, give reasons) when challenging a juror.

Conditions of jury service

Payment for jury service

A juror who continues to receive ordinary pay and who has no deductions from other leave entitlements while attending for jury service is not entitled to payment (s60 Juries Act 1962 (NT) ; reg 8(1) Juries Regulations 1983 (NT)).

Upon application, a juror who loses income as a result of jury service is entitled to receive payment for each day, or part day, of service as a juror as follows (s60 Juries Act 1962 (NT) ; reg 8(2) Juries Regulations 1983 (NT)):

• For each day, or part day, of service as a juror for a trial – 60 monetary units if the trial lasts 9 days or less or 120 monetary units if the trial lasts 10 days or more; and
• For each day, or part day, of service where not serving as a juror for a trial – 20 monetary units.

If the Sheriff is of the opinion that a juror attending for jury service has suffered financial loss, that juror may also be entitled to receive an additional amount for that attendance of 30 monetary units if the person serves as a juror for a trial; or 20 monetary units in any other case; or the difference of the financial loss where it is less than those amounts (s60 Juries Act 1962 (NT) ; reg 8(3) Juries Regulations 1983 (NT)).

The value of a monetary unit can be found on the Attorney-General’s Department’s website.

To apply for any type of payment, a Jury Fees form must be completed and submitted to the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry at the commencement of the sittings. Jurors must include their bank account details in order to receive payment by direct deposit. Please note that it may take a number of weeks for the payment to be processed.

Information about the rights and responsibilities of employers, in relation to the payment of employees attending for jury service, can be found on the Fair Work Ombudsman website.

Meals

Lunch is provided to jurors sitting in a trial. Jurors can also purchase drinks and snacks from a vending machine so it is advised that they bring some money (gold coins) for this purpose. If a jury is required to stay back after business hours to consider its verdict, an evening meal may also be provided.

Car parking

In Darwin, limited free car parking is available to jurors on a ‘first come first served’ basis. Car parking is available at the Waterfront’s Multi-level Carpark on Kitchener Drive, Darwin City. When you attend for jury service you will be provided a bar code that will allow you to exit the car park without having to pay the car parking fee.

Please Note: The Darwin Sheriff’s Office is not able to waive or pay fines imposed by Darwin City Council.

Parking facilities are not provided in Alice Springs.

Support for jurors

Many people find jury service to be a rewarding experience. However, it is also normal for jurors to feel challenged by the process. For this reason all jurors have access to free, confidential counselling provided by qualified and registered psychologists after their jury service has concluded.

If jurors have any questions about jury service and/or need to submit paperwork to the Sheriff and/or require counselling related to their jury service, they can contact the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry as follows:

Darwin Sheriff’s Office

Phone: (08) 8999 7930

Email: AGD.CSSJury@nt.gov.au

Address: Office of the Sheriff, Supreme Court, State Square, Darwin City (next to Parliament House)

Alice Springs Supreme Court Registry

Phone: (08) 8951 5711

Email: AGD.ASJury@nt.gov.au

Address: Supreme Court, 14 Parsons Street, Alice Springs

Offences

Anyone who fails to comply with a jury summons or who leaves jury service without permission can be prosecuted and fined (s50 Juries Act 1962 (NT)).

A person summonsed for jury service, regardless of whether they actually serve or not, cannot be dismissed, disadvantaged or pressured by their employer due to their jury service obligations. Under the Fair Work Act 2009 (Cth), failure to comply with jury duty laws can result in significant penalties for both businesses and individual employers. Information about the rights and responsibilities of employers in relation to jury duty can be found on the Fair Work Ombudsman website.

Further information pertaining to jury service, including ‘frequently asked questions’ is available on the Supreme Court website.