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‘We will never know why the jury took over six days to reach its verdict, but it does indicate the seriousness with which they treat their role in this process. The trust that is placed in the hands of jurors, even with the high-profile media frenzy that this case elicited, remains firm.’
So reads the Law Society Journal’s summation of the final days of the now-infamous Mushroom Trial. While the triple murder case of Erin Patterson easily reached trial-of-the-century status, the Victorian legal system trusted a jury of everyday people to decide her fate. In Victoria, and all around Australia, jury duty is a solemn task, with regular Australians playing a vital role in the legal system.
And it’s something nearly all of us could one day experience.
So, what exactly is jury duty in Australia? And how does it work? To help us reach a verdict, we sat down with Deakin Law School lecturer Antje Kreutzmann-Gallasch.
Judges, lawyers, tipstaff, judge’s associates – our courts are full of legal professionals. One of the most important roles in the legal process, though, is played by ‘citizens randomly chosen from the electoral register’. These citizens form the jury, and that random selection is called jury duty.
The specifics of juries and jury duty differ depending on which Australian state or territory you’re in. In Victoria, for instance, there are usually six jurors in civil trials (like contract or defamation cases) and twelve in criminal cases, while each state has its own laws around summoning jurors. Regardless, the goal of the jury is the same.
‘Generally, the role of the jury – in civil and criminal trials – is to decide questions of fact relying on the evidence and apply the relevant law to those facts to reach a verdict,’ says Kreutzmann-Gallasch.
The truth is, most of us can be chosen for jury duty in Australia – and the summons letter could arrive at any time. In Victoria, Australian citizens above 18 who are on the electoral roll can be selected for jury service,
‘People are randomly selected from the roll. In Victoria, Juries Victoria will then send out questionnaires to those people to check their eligibility for jury service,’ says Kreutzmann-Gallasch.
Even if you do get a jury summons, though, it doesn’t necessarily mean you’ll end up on a jury. In Victoria, anyone attending for jury duty has their name put into a ballot, and the names drawn then go into a ‘jury panel’. Jurors are then randomly selected from that panel.
The chances of being called for jury duty are actually pretty low, with some 25,000 people summoned every year, and only 6500 becoming jurors.
If you made it to the jury panel and your name was called and you have taken the juror’s seat, congratulations – you’re on the jury! So, how does jury duty work once you’re an actual juror?
‘After the jury has been selected, jurors are required to attend for the entire length of the trial,’ says Kreutzmann-Gallasch. ‘All members of the jury will be present in the courtroom when the case is heard, unless the judge orders the jury to leave the courtroom.’
The key role of jury duty in Australia is to decide the verdict – either guilty or not guilty for criminal trials, and in favour of one party in civil trials. Doing so, though, means adhering to some very serious restrictions.
‘Jurors must base their verdict only on the evidence they have heard in the courtroom,’ Kreutzmann-Gallasch says. ‘The judge will also direct the members of the jury that they are not allowed to discuss the case with any person who is not a member of the jury.’
As a member of the jury, you’re also barred from doing your own research – something that caused the jury to be discharged in the high-profile Bruce Lehrmann case.
For some of us, jury duty sounds positively exciting. What could be better than exercising our civic duty and playing an active role in deciding the outcome of a case, all the while surrounded by judges and lawyers?
For others, jury duty might be more of an inconvenience or a burden.
So, can you opt out of jury duty, then? Not exactly.
You can’t just choose to avoid jury duty, but not everyone is required to serve on a jury. There are also circumstances where you might find yourself exempt from jury duty in Australian states like Victoria.
‘A person can request to be excused from jury service because of their health (poor or ill health) or disability,’ says Kreutzmann-Gallasch. Some other reasons for jury duty exemption in Victoria include:
Just duty is usually around 6 hours per day, typically lasting from 10am-4:15pm. Most trials last 7-10 business days in Melbourne and 5-7 business days in regional courts, but jury duty can last a lot longer in some cases.
Jurors in the Mushroom Trial, for instance, spent nearly two months hearing evidence before the final deliberation and guilty verdict.
Even the typical week-long jury duty in Australia can feel lengthy, particularly for those who would otherwise be working.
To ensure jurors aren’t out of pocket, Victorians are eligible to be paid jury duty fees of $40 per day for the first six days and $80 for each day after that, with employers legally required to make up the difference between the juror’s pay and normal salary.
Though the chances are relatively low, there’s still a real possibility each of us will get summoned to attend jury duty in Australia at some point in our lives.
If it happens, remember that it’s a longstanding, highly respected and vital part of our legal system.
If you don’t qualify for an exemption, approach the responsibility with a positive mindset. Lay out some neat clothes to wear for jury duty, inform your employer (so you can keep getting paid!) and try to enjoy being part of a noble legal tradition.
