Video 13.2 Being a juror

Your role as a juror

[Host] Welcome to the court and thank you for giving up your valuable time to be here. You are fulfilling a very important legal obligation as a juror that can be inconvenient and disruptive to your daily life. So we’re very grateful for your cooperation.

Jury Selection

[Host] Jurors are selected completely at random from the electoral register to ensure a jury represents a cross section of society. Anyone on the electoral register who is between 18 and 75 is liable for jury service and could be called at any time. Some people are disqualified from serving on a jury, and these are listed in boxes A and B on the leaflet sent with your summons. If you’ve ever been on probation, sentenced to imprisonment or community service, or if you’re currently on bail, it could be an offence for you to serve on a jury. If you’re unsure about your eligibility, please speak to the jury officer in confidence before you are selected to sit on trial.

Your role as a juror is an important one. You’ll need to carefully consider all the evidence presented to you during the trial, and then together with your fellow jurors decide whether the defendant is guilty or not guilty of the offense they have been charged with.

Your responsibilities

[Host] Each morning before the courts sit, there’s a roll call of jurors.

[Court Staff] Can you please answer to your names?

Michelle Sharp.

[Michelle] Here.

[Host] If you fail to attend during your period, the judge may fine you. It’s really important that you arrive at court each day on time. If you face any delays, traveling to the court or are ill, please contact your jury officer immediately. Always remember to bring your summons with you. Sometimes delays outside our control mean you might have to wait around for some time. We realize this is frustrating and assure you we do everything possible to keep it to a minimum. Please remember that you must get permission from court staff to leave the jury area or the court building. We hope you’ll bear with us; we do apologize and thank you for your patience.

[Host] Most of you can expect to have finished your jury service within 10 working days, but some trials can last longer. If you’re selected to serve on a longer case, you’ll be given an estimate of how long it’s expected to last. And if you can’t commit to that length of time, you’ll have the chance to let the court know. Please, don’t be afraid to let staff know of any difficulties that you have. Because every stage of the selection is random. Some jurors may end up trying a number of cases and some may not be selected to sit on a trial at all. If you have any problems reading, writing, or understanding English, or if you have difficulty hearing, or have any other disability which may affect your ability to serve as a juror, please inform a jury officer at the earliest opportunity, and before you are called to sit on a trial. It is an offense for anyone to impersonate a juror and to serve on their behalf. As a matter of routine, you may be asked to show some form of identification at any time.

The courtroom

[Host] If you haven’t been in a courtroom before it can be confusing. So it helps to have some idea of who’s who, and where they sit.

[Host] The judge controls proceedings from the bench at the front of the courtroom. A high court judge is called ‘My Lord’, or ‘My Lady’. A circuit judge is called ‘Your Honour’. All judges wear robes and wigs. In front of the judge sits the court clerk who wears a black gown and may also wear a wig. The usher of the court will also wear a black gown. Facing the bench are the two legal teams representing the prosecution and the defence, who are always closest to the jury. Each team has an advocate who will be wearing a black gown and usually a wig. They will present and argue their case to you. The defendant sits in the dock and will often be accompanied by a dock officer. Witnesses give evidence from the witness box, or sometimes via video link, or behind a screen. Finally, there’s an area in the courtroom for the press and the public gallery. Please remember that you are not allowed to smoke or take pictures inside a courtroom.

The jury

[Host] When a trial is ready to begin, the jury officer will randomly select a panel of around 15 people to go into the courtroom. If your name isn’t called out, please stay in the jury waiting area for the next trial to be called. When in court, the court clerk will select 12 names at random from the panel and call them out. If your name is called, confirm your identity by saying yes, loudly and clearly and take a seat in the jury box.

[Court Clerk] Paul Barnes.

[Paul] Yes.

[Court Clerk] Rita Elgar.

[Rita] Yes.

[Host] At this point, the defense or prosecution lawyers may challenge the selection of a particular juror. If the judge accepts the challenge, the juror won’t be required to serve on that particular case. And they’ll be asked to leave the jury box. You may be challenged for many different reasons, so don’t take it personally if it happens to you.

[Host] (12 jurors take their seats.) If you’re not challenged, then you’ll be asked to take the jurors oath. This is usually done by taking a holy book of your choice and reading the oath from a card.

[Juror 1] I swear by almighty God that I will faithfully try the defendant and give a true version...

[Host] If you do not want to swear on a holy book, you can ask to affirm.

[Juror 2] I’d like to affirm please. I do solemnly, sincerely, and truly declare and affirm...

[Host] The words are very similar to the oath and carry equal meaning. Please let the usher know your preference before you enter the court so the appropriate card and holy book are readily available.

[Juror 3] I swear by the Gita that I will faithfully try...

[Host] After 12 jurors have been sworn, those not chosen will return to the jury assembly area where they may be called upon to serve on another trial.

The trial

[Host] Once the jury has been selected, the court clerk will read out the charges made against the defendant and the trial will begin.

[Court Clerk] Particulars of the offense are, on the 25th day of September 2014...

[Host] If you realize you know anyone or have any other connection with a trial on which you’re serving, tell the usher immediately.

[Court Clerk] ... heard all the evidence whether he’s guilty or not.

[Host] All criminal trials follow a similar pattern. The prosecution begin by outlining details of the offenses. Then the witnesses are called, sworn, and questioned. This is called evidence-in-chief. When it is finished the defense have the opportunity to question each witness to find any weaknesses or contradictions in their evidence. This is called cross examination. When all the prosecution witnesses have been questioned, cross-examined, and reexamined if necessary by the prosecution, it’s the turn of the defense. The defense can present their case if they wish to do so. The procedure is similar.

[Barrister] I have no further questions.

[Host] But this time the defense called their witnesses who are cross-examined by the prosecution and if necessary reexamined by the defense. The judge may intervene from time to time to keep the trial on course. He may need to deal with a point of law or difficulty that has arisen.

[Judge] Can you, please, leave the court?

[Host] You will be asked to leave the courtroom while this is dealt with. When all the evidence has been given, the prosecution and defense may give their closing speeches.

[Barrister] And we ask you, when you retire after consideration to return verdicts of guilty.

[Host] They will talk directly to you as they refer to the strengths and weaknesses of their respective cases. Finally, to help you decide your verdict, the judge will tell you what the law requires and summarize the facts of the case. If at any point you need further explanation, or want to ask a question, you can do so by passing a note to the judge via an usher. If you feel unwell, need to use the toilet, or are distressed by the evidence, please don’t be afraid to tell someone. Again, pass a note, or simply raise your hand to get the usher’s attention. It’s vital that your opinion is based purely on what you hear and see within the courtroom, and you aren’t influenced by any outside factors. Please don’t discuss any details of the trial with anyone other than your fellow jurors, not even your family. And please don’t remove any items of evidence or notes from the courtroom. It is very important that if anyone approaches you about the trial or tries to influence you in any way, you do not discuss it with any members of your jury and tell the jury officer or usher immediately.

[Host] An important notice to all jurors. You are reminded it’s a criminal offense punishable with a fine and/or imprisonment for a juror to disclose to any person, any particular statements made, opinions expressed, arguments advanced, or votes cast by the members of the jury in the course of their deliberations. This means you must not speak to anyone at all about the cases you hear apart from your fellow jurors and when you’re all together. You must not use social networking sites to post details about any aspect of your jury service, or about the discussion and decisions made by you and your fellow jurors whilst in deliberation. You will also commit a criminal offense if you use the internet to research details about any cases you hear along with any of the cases listed for trial at the court. Please ensure you and fellow jurors observe the rules. And if you have any concerns about this, please speak to a member of court staff.

The verdict

[Host] The judge will explain your duties as a juror before you’re taken to the jury deliberation room to discuss the evidence and make your decision. You’ll be asked to nominate a foreperson to chair your discussions and act as a spokesperson when you’ve returned to the courtroom. Remember it’s a serious offense to disclose any information about anything that’s discussed in the jury room, including the opinions of any juror. Usually the jury must continue discussing the evidence until they all agree on the verdict. Sometimes the judge may decide to accept a verdict that is not unanimous. The judge will tell you when this is appropriate. Once the jury has reached agreement, you’ll return to the courtroom and the clerk will ask the foreperson to deliver the verdict. If this is you, be very careful to answer only those questions asked by the clerk.

[Court Clerk] Has the jury reached a verdict upon which you are all agreed?

[Jury Foreperson] Yes.

[Court Clerk] Do you find the defendant guilty or not guilty?

[Host] After this the jury’s role in the trial is over, but you should wait for the judge to tell you when to leave. If you’ve found the defendant guilty, the judge may not pass a sentence on the same day. If you have any queries during your jury service, you can always speak to the jury officer or telephone the court office. The phone number is on the jury summons. If you are summoned again within two years you have the right to refuse or may serve if you wish. After your service, you are entitled to claim certain expenses and an allowance towards any loss of earnings or benefits arising from your attendance at court. The jury officer will give you expenses forms and further details. Your role as a juror isn’t an easy one. There can be a lot of waiting around, many rules and formalities to follow, and lots to take in. We do understand this and thank you for your cooperation and patience. And once again, apologize for the unavoidable delays that may occur. The jury system gives the public an important role to play in the administration of justice. You are now called upon as a juror to fulfill that role.