jury duty
jury
duty
The jury system in South Australia | What is trial by jury? | Are you liable to be called for jury duty? | Can you volunteer for jury duty?| Is anyone disqualified from serving as a juror? | Is anyone ineligible to serve as a juror? | Do you have to do jury duty if you are summonsed? | Do you need a knowledge of the law to do jury duty? | How long are you required for jury duty?| Court sitting hours | Are jurors detained overnight? | Do you get paid for jury service? | Is your employer obliged to release you for jury service? | Are meals and refreshments supplied? | Are you liable to be called for service more than once? | Do you have any questions relating to jury duty? |
The jury system in South Australia
The system of trial by jury is the cornerstone of the Australian system of justice. Jurors bring to the law the common sense and judgment of the community and the values and standards of that community. It provides the true safeguard of our liberties and is the real interface between the legal system and the people the system was designed to serve.
Twelve ordinary members of the community selected by a ballot conducted in open court sit in judgement of the evidence presented in a trial. In South Australia, jurors officiate in criminal trials only, and only in the jurisdictions of the Supreme and District Criminal Courts. To view the Juries Act, click here.
Are you liable to be called for jury duty?
There are three jury districts in South Australia - Adelaide, Port Augusta and Mount Gambier. Jurors are chosen by a random computer selection from the electoral rolls which constitute the jury districts. Any person aged between 18 years and 70 years and enrolled on the electoral rolls for the jury districts is qualified and liable to be summonsed to attend for jury service.
Can you volunteer to do jury duty?
No. The Juries Act provides that jurors must be chosen for service by a random ballot.
Is anybody disqualified from serving as a juror?
Yes. Persons who have been convicted of a criminal offence may be disqualified from performing jury duty. The disqualification depends on the type of offence and when the person was convicted. Disqualification periods range from five years to lifetime. If you have any doubts about being qualified, please contact the Sheriff’s Office.
Is anybody ineligible to serve as a juror?
Yes. The Juries Act provides that the following persons are not eligible for jury service:-
Any person who is summonsed for jury service and considers he or she not eligible must claim ineligibility by completing a statutory declaration as soon as possible and returning it to the Sheriff’s Office, accompanied by any supporting documentation.
Do you have to do jury duty if you are summonsed?
Yes. Unless you are an ineligible or disqualified person you must attend in accordance with your jury summons.
However, you may apply to the Sheriff to be excused for matters of special urgency or importance or you may apply to have your service deferred to a more appropriate period of time.
Any applications must be made in the form of a statutory declaration as soon as possible after receipt of the jury summons. If you have any queries please do not hesitate to contact the Sheriff’s Office. All applications are considered on their individual merit.
Do you need a knowledge of the law to do jury duty?
No. The system of trial by jury depends on the attendance of the broadest possible cross section of the community bringing their life’s experiences to bear on the law. The task of the jury in a trial is to judge the facts presented in evidence. The judicial officer presiding over the trial will direct this jury as to the law and will impose any penalty upon persons convicted.
How long are you required for jury duty?
Generally a jury panel will be on call for the period of four to five weeks. You will not be required to attend every day during that period of time unless you are selected on a trial for that total period.
Your attendance on the first day will include an administrative address from the Sheriff and an informative address from a judicial officer. If not selected on a trial on the first day, further attendances will be governed by the sittings of the courts. Jurors are expected to telephone each day to the recorded information services to check if their attendance is required for the next day. If you are selected on a trial which sits past the end of the jury period you will be required to attend until the completion of the trial.
The courts will normally sit from 10.00am to 4.30pm with a lunch adjournment from approximately 1.00pm to 2.15pm. The trial judge will normally order a short break during the morning and afternoon sessions.
Late sittings of the courts are avoided where possible but can happen unexpectedly.
Are jurors detained overnight?
Jurors are free to return home at night unless the judge directs that the jury be kept together. This very rarely happens.
Do you get paid for jury service?
Yes, all jurors (except state government employees) are paid $20 for each day of attendance however long or short the attendance is each day. In addition, a travelling allowance of 60 cents per kilometre is paid and calculated from the juror's residence to the court and return for each day's attendance . These amounts are paid by cheque automatically to jurors each fortnight.
If a juror suffers a monetary loss or incurs expenditure as a direct result of jury service (for example lost wages, employing a person to cover their absence at work if self employed or the cost of child care outside of usual arrangements that may already exist) they can claim the actual amount to a maximum of $105 on top of the $20 payment for each day's attendance. Claims for these payments must be substantiated. Forms are available from the Sheriff's Office.
State Government Employees
If employed as a State Government employee, jurors will only be paid the travelling allowance of 60 cents per kilometre calculated from the juror's residence to the court and return for each day's attendance. The State Government department will continue to pay the juror their normal wage and an application for special leave with pay will need to be submitted to their respective chief executive officer (refer to Commissioner's Standard 3.4 - Leave). The Sheriff's Office has a form that the juror will need to complete in order for the payment of the travel allowance only and the provision of a certificate of attendance at the completion of jury service that will be required by their department.
Commonwealth and Local Government employees must liaise directly with their employer in relation to the payment of wages while on jury service as various arrangements apply for different agencies.
Is your employer obliged to release you for jury service?
Yes. As you are obliged to attend, you employer is obliged to release you to attend. It may be that you are summonsed for a most inconvenient time for you or your employer. You may apply to defer your attendance to a more convenient time.
It is suggested that you notify your employer upon receipt of your jury summons and if you do require a deferment, that you make your application as soon as you can.
Are meals and refreshments supplied?
Meals are not normally supplied except when a jury is considering its verdict. Tea and coffee making facilities and supplies are stocked in all jury retiring rooms and biscuits are supplied.
Are you liable to be called for service more that once?
Yes. The annual jury list is a random computer selection from the electoral rolls so your name may be selected on more that one occasion. If you have served as a juror during the past three years, you are entitled to make an application to be excused. You can serve as often as you are called.
Do you have any questions that relate to jury duty?
If you do have any questions please do not hesitate to telephone the Sheriff’s Office on 61 8 8204 0153, or 61 8 8204 0156, or click here to e-mail the Jury Manager.
Download information about jury duty
Click here for a printable brochure for jurors (2.04MB).
Click here for a printable brochure for employers of jurors (520KB).
For a hard copy of either of these brochures, please contact the Sheriff's Office on 61 8 8204 0153.
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