When are juries used?

Juries can be used for both criminal and civil trials. There are twelve jurors for a criminal trial and four for a civil trial. However, a jury is seldom used in civil trials.

Who are members of a jury?

Any citizen who is at least 18 years of age may be called upon to perform jury service. However, some members of the public are:

• disqualied from sitting (eg. a person who has served a prison sentence),
• ineligible to sit (eg. judges, lawyers or police officers)
• exempt from sitting if they so choose (eg. a practicising medical practitioner or a pregnant woman).

In a criminal trial the jury decides, solely from the evidence presented to the court, whether the accused is guilty or not guilty. During the course of the trial the jury cannot discuss the case with anyone other than the fellow members of that jury panel.

In New South Wales the jury verdict must be unanimous. If the jury is unable to agree on a verdict, then the judge will abort the trial and a new trial may be held.

After all the evidence has been presented, the judge will sum up the case and instruct the jury on issues of law. The jury then leaves the courtroom to consider its verdict. The verdict is the jury's decision about whether the accused is guilty or not guilty.

If the jury returns a verdict of not guilty, the accused is acquitted and is free to go. If it returns a verdict of guilty, the judge will pass sentence, either then or at a later date.

How are jurors chosen for a trial?

The Sheriff of NSW creates a jury roll by randomly selecting names of persons from the electoral roll. If your name is selected for inclusion on the jury roll you will receive a notification from the Sheriff.

The Court notifies the Sheriff when jurors are required and the Sheriff is responsible for summoning jurors from the jury roll to attend the Court.

Where can I get further information?