A Guide to Jury Service
Jury Service is a service that forms part of the criminal judicial system. Individuals are requested at random to form part of a 12 person jury, and their role is to evaluate a criminal case and reach a verdict as to whether a defendant is guilty of a crime.
The use of a jury is recognised as being the foundation of a fair and democratic legal system. To maintain the fairness of this system, jurors are chosen at random in order to form a diverse group that represents a cross-section of the public.
The following guide provides more information about jury service and what it entails including how a person is asked to be a juror, their responsibilities, how long their duties will last for and whether it is possible to opt out of jury service.
How are jurors notified of their requirement to attend?
Each of the 12 members of a jury are chosen at random, and they will receive a postal Jury Summons which details when and where they are required to attend. The details of the case that they will be a juror for will not be given in the Jury Summons, and there will be no details about the other jurors, the defendant or witnesses. The case will usually begin around nine weeks after the Jury Summons is sent.
What types of cases might a juror be required for?
A jury can sit on any type of case, be it civil or criminal, though it is most likely to be used for criminal hearings. Jury members are not required to have any prior knowledge of the case, or the legal system as a whole and their role is to evaluate all of the evidence presented to them and make decisions based on their personal understanding and opinions of the case.
Criminal knowledge will be given by the prosecution and defence team, and it is the role of both sides to try to persuade the jury members of their stance on the case.
How long will a jury need to serve for?
Jury service will usually last for around 10 days but it can last much longer, depending on the case. Advance notice will be given to jurors if a court expects a case to last longer than 10 days.
Are jurors required to take time off work?
It is likely that jury service will take place during normal working hours and your employer is legally required to release staff members who have been called up as for jury service. If the employer fails to release individuals, they can be held in contempt of court. The law changed in 2005 to help protect employees who were called as jurors by ensuring that it is illegal for employers to punish anyone because of their involvement in Jury Service.
Employers should be informed about the receipt of a Jury Summons as soon as it arrives in order for them to manage absences at work. Employers do not have a legal obligation to pay their staff if they are absent for Jury Service. However, all expenses can be reclaimed from the court. Employers can be requested to complete a Certificate for Loss of Earnings form in order for jurors to claim any lost earnings.
Is it possible to opt out of Jury Service?
Once a person is summoned for Jury Service, they are obliged by law to complete their duty - unless they have acceptable personal circumstances or pre-booked events. The Jury Summons will include an exclusion form which must be completed and returned as a matter of urgency and must detail the reasons why the individual cannot attend the service.
The court has the power to deny the request to be excluded, and so it is not guaranteed that an individual can opt out, particularly if the court considers the reasons for opting out to be unacceptable.
It is possible for a person to defer their Jury Service to a more suitable time. This can only be done once and their service must be completed within 12 months of the original Jury Summons being received. Jurors who have completed jury service in the last two years are automatically exempt from sitting again until the two year period has elapsed.
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