Jurors
Overview
In the Northern Territory, a person charged with a serious criminal offence is tried by a Judge and jury in the Supreme Court of the Northern Territory, which sits in Darwin and Alice Springs.
The role of the jury is to decide the facts, apply relevant principles of law to those facts, and return a verdict. Jurors represent the general-public and ensure that justice is impartial and in line with community standards of behaviour.
Jurors play an important role in criminal trials. Whilst jury service may be inconvenient, it is a civic duty that is interesting and rewarding. Jurors gain insight into the court process and bring their values, standards and expectations into the courtroom, thus playing an active role in the administration of justice.
What should I do when I receive a summons for jury service?
If you have received a summons for jury service you must attend the Supreme Court at the date and time stated in the summons unless the Sheriff (or their representative) has advised you that you are not qualified, exempt or otherwise excused.
You should attend the Supreme Court wearing neat, casual clothing and suitable footwear. It is advisable to also bring a light jacket or cardigan with you.
If you are employed, you should advise your employer that you have been summonsed for jury service and make appropriate arrangements to be absent from the workplace as advised in the letter that is sent with the summons.
The following are examples of a summons and the letter that accompanies the summons:
- Example summons for jury service PDF (417.3 KB)
- Example letter to Juror – Alice Springs PDF (315.5 KB)
- Example letter to Juror – Darwin PDF (317.7 KB)
What should I do if I cannot attend jury service at the stated date and time?
If you are unable to attend jury service at the stated date and time you should immediately advise the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry and follow their instructions.
If you are of the opinion that you cannot serve as a juror because you are not qualified, exempt or have sufficient cause to be excused, you should also immediately advise the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry and provide a statutory declaration setting out your reasons with any supporting evidence annexed. For example, if you seek to be excused on medical grounds, a medical certificate should be attached to your statutory declaration that verifies that you are unable to perform jury service for a specified time period or indefinitely. Your statutory declaration must be provided no later than 48 hours prior to the date and time stated in the Summons. For example, if you are to attend for jury service on Friday at 9.00am you must have submitted your statutory declaration by Wednesday at 9.00am at the latest. Statutory declarations received after this date and time will not be accepted.
You must attend for jury service unless you have been advised by the Sheriff (or their representative) that you are not required to attend.
Further information in relation to who is qualified, exempt or has sufficient cause to be excused from jury service is provided below under the heading ‘Frequently asked questions’.
What can I expect when I attend for jury service?
Please note: In Darwin, attendance for the jury induction (date given in the summons) and jury selection usually takes place on different days. In Alice Springs, attendance for the jury induction and jury selection usually takes place on the same day (date given in the summons).
First attendance for jury induction
When you first attend the Supreme Court, you will be required to move through security screening. You will then need to present your jury summons and/or photo identification to have your identity checked and attendance recorded before entering the Jury Muster Room.
The Jury Manager (or their representative) will conduct a jury induction to deliver important information about jury service, which includes watching a video about the role of a juror and court proceedings. You should allow two hours for the jury induction.
You will then be advised about when you are required to attend for jury selection, which involves phoning the free-call jury information number provided at the end of the induction, and also in the letter sent out with the summons, as follows:
Darwin: Panel A: 1800 657 600 Panel B: 1800 657 511
Alice Springs: 1800 064 619
Second attendance is for jury selection
When you next attend the Supreme Court this will be for jury selection and you must be ready to sit on a trial from that date and time. You will be required to move through security screening. You will then need to present your jury summons and/or photo identification to have your identity checked and attendance recorded before entering the Jury Muster Room.
When the trial is ready to commence, jurors are escorted to the courtroom where the trial will be held.
You are required to follow court etiquette, which includes turning off all electronic devices, not wearing a hat or sunglasses, not chewing gum, and not eating food in the courtroom.
When you enter the courtroom, the accused will be sitting in the dock and arraignment will occur. This means each offence for which the accused is charged will be read and the accused will enter a plea of guilty or not guilty to each matter charged. The Judge will provide a summary of the trial, including the estimated length of the trial, the names of the parties and their legal representatives in the trial, the nature of the charges, and the names of any witnesses to be called. The Judge will then call for the jury panel list and will use this to empanel a jury.
As part of the empanelment process, the court will call on people in the jury panel who seek to be excused from serving on that particular trial. As stated above, a person may be excused by a judge if they have sufficient cause to be excused or their qualifications to serve as a juror are in doubt. If you know someone involved in the criminal trial, or know something about the facts of the criminal trial, you must raise this with the Judge. Each juror in the jury pool has a unique number. If you are not excused by the Judge, your unique number will be placed in the ballot box, and random selection will take place from the ballot box to empanel a jury.
The parties to a proceeding being the Crown (prosecution) and accused (defendant) are able to challenge or stand aside a potential juror without cause (reason), which excludes them from the jury. You should not be alarmed or upset if you are challenged. If you are not challenged this means you are selected as a juror on that criminal trial. You will be required to swear an oath or affirmation to give a true verdict according to the evidence and sit in the jury box.
Ordinarily, the jury consists of 12 people. Additional jurors may be selected if so directed by the Judge.
When the required number of jurors are in the jury box, the remainder of the jury panel will return to the jury pool, unless the Court orders otherwise. It is important for jurors to follow the directions of the Judge and Jury Manager (or their representative) who will instruct them as to when they may be required to attend to be balloted for another trial or otherwise discharged.
What happens during the trial?
In a criminal trial, the role of a jury is to decide whether the accused has been proven guilty beyond a reasonable doubt on the evidence presented at trial. Both parties, being the prosecution and defence, present their evidence and the jury hears arguments from both sides. The Judge decides whether certain evidence is admissible to be presented to the jury. The Judge also instructs the jury in relation to the law and how to apply it to the facts of the case.
Jury deliberations occur in secret, away from the courtroom. No outside communication is allowed, except through the Sheriff’s Officer’s sworn onto the trial. It is an offence (called contempt of court) for a juror to tell anyone about statements, opinions, arguments or votes made by members of the jury. Jurors are not allowed to use social media to post anything about the case or to look up background information about the case.
When the jury reaches a decision (called a verdict) or informs the trial judge that they are unable to reach a verdict, they return to the courtroom and announce this, after which they will be discharged by the Judge. A jury does not participate in the sentencing process.
Support for jurors
Many people find jury service to be a rewarding experience. However, it is also normal for jurors to feel challenged by the process. For this reason all jurors have access to free, confidential counselling provided by qualified and registered psychologists after their jury service has concluded.
If you have any questions about jury service and/or you need to submit paperwork to the Sheriff and/or you require counselling related to your jury service, you can contact the Sheriff’s Office in Darwin or the Alice Springs Supreme Court Registry as follows:
Sheriff’s Office, Darwin
Phone: (08) 8999 7930
Email: AGD.CSSJury@nt.gov.au
Address: Office of the Sheriff, Supreme Court, State Square, Darwin (next to Parliament House)
Alice Springs Supreme Court Registry
Phone: (08) 8951 5711
Email: AGD.ASJury@nt.gov.au
Address: Supreme Court, 14 Parsons Street, Alice Springs (opposite Alice Springs Plaza where Target is located)
Frequently asked questions
-
Anyone who fails to comply with a jury summons or who leaves jury service without permission may be prosecuted and fined.
-
A person summonsed for jury service, regardless of whether they actually serve or not, cannot be dismissed, disadvantaged or pressured by their employer due to their jury service obligations. Under the Fair Work Act 2009 (Cth), failure to comply with jury duty laws can result in significant penalties for both businesses and individual employers.
Information about the rights and responsibilities of employers in relation to jury duty can be found on the Fair Work Ombudsman website.
-
You must attend for jury service at the date and time stated in your summons unless you have been advised by the Sheriff (or their representative) that you are not required to attend.
If you are of the opinion that you cannot serve as a juror because you are not qualified, exempt or have sufficient cause to be excused as outlined below, you should advise the Sheriff (or their representative) immediately and provide a statutory declaration setting out your reasons with supporting evidence annexed.
-
Every person registered on the Northern Territory electoral roll is liable for jury service if they reside in the jury district unless they are not qualified.
The jury district for Darwin includes the electoral divisions of Blain, Brennan, Casuarina, Drysdale, Fannie Bay, Fong Lim, Goyder, Johnston, Karama, Nelson, Nightcliff, Port Darwin, Sanderson, Spillett, and Wanguri.
The jury district for Alice Springs includes the area of land in the municipality of Alice Springs.
You are not qualified to serve as a juror:
- if you are in prison;
- if you are on parole;
- if you have a sentence wholly or partly remitted and are subject to conditions;
- if you are subject to a suspended sentence;
- if you have completed a period of imprisonment within the last seven years;
- if you have been sentenced to a term of imprisonment for a capital offence anywhere in Australia or in a prescribed country; or
- if you are of unsound mind, in a hospital, undergoing treatment according to the Mental Health and Related Services Act 1998 (NT) or are a person in respect of whom an order has been made under the Guardianship of Adults Act 2016 (NT).
-
You are exempt from serving as a juror if you are:
- over the age of 70 and request to be exempt;
- NT Administrator and the Administrator’s Official Secretary;
- Secretary of the Executive Council;
- a person who holds, or has, within the previous 10 years, held, a judicial office;
- a spouse or a de facto partner of a Judge;
- a member of the Legislative Assembly;
- the Ombudsman, and an employee of the Office of the Ombudsman;
- a person regularly employed on duties on board aircraft used in aerial ambulance services;
- a legal practitioner;
- an articled clerk or graduate clerk of a legal practitioner;
- a clergyman in holy orders, a priest of the Roman Catholic faith and a minister of religion having an established congregation;
- a monk, nun or other vowed member of a religious community;
- a person registered under the Health Practitioner Regulation National Law to practise as a dentist;
- a practising medical practitioner;
- the secretary and a member of the Parole Board;
- a member of the Police Force of the Northern Territory;
- a correctional services officer;
- an employee as defined in the Public Sector Employment and Management Act 1993 who is employed in an Agency primarily responsible for law and the administration of justice, correctional services or the administration of courts or who is under the direct control of the Commissioner of Police;
- a person employed by the Legal Aid Commission;
- a person employed by the Director of Public Prosecutions;
- a person with a disability who, as a result of that disability, is incapable of discharging the duties of a juror;
- a person who is exempt under the Jury Exemption Act 1965 (Cth), including, but not limited to, members of the Fair Work Commission, members and special members of the Australian Federal Police, and members of the Defence Force other than members of the Reserves; or
- a person whom the Sheriff is satisfied has been summoned to attend as a juror not later than 3 years after the date on which they previously served as a juror.
-
Sufficient cause (reasons) to be excused from jury service
You may be excused from jury service by a Judge or an Associate Judge of the Supreme Court if you:
- have sufficient cause (reasons) to be excused, such as not being able to read, write and speak the English language; or
- your qualifications to serve as a juror are in doubt.
There are limited reasons that will be accepted for excusal.
If you are excused from jury service pursuant to your summons, this may be conditional upon you undertaking jury service at another time.
If you do not have a good understanding of the English language, please organise for someone to assist you in completing a statutory declaration setting out that fact or attend the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry.
This information is provided below in a number of languages to assist:
Italian
Se non ha una buona comprensione della lingua inglese, potrebbe essere dispensato dalla giuria. La invitiamo a rivolgersi a una persona che sappia parlare e scrivere in inglese per assisterla durante la compilazione della dichiarazione statutaria o la richiesta di informazioni all’Ufficio dello Sceriffo.
Indonesian
Apabila Anda tidak begitu paham bahasa Inggris, Anda mungkin akan diizinkan untuk tidak duduk sebagai juri. Silakan cari seseorang yang dapat berbicara dan menulis dalam bahasa Inggris untuk membantu Anda mengisi Statutory Declaration Form atau carilah informasi ke Kantor Sheriff.
Portuguese
Se não possui um conhecimento aprofundado da Língua Inglesa, pode estar isento do serviço de jurado. Procure alguém que fale e escreva Inglês correctamente para o ajudar a preencher um Formulário de Declaração sob Juramento ou procure saber mais informações no Sheriff’s Office.
Greek
Chinese
如果您不太懂英語,您可以豁免出任陪審員。
請安排會說和會寫英語的人幫助您填寫一份法定聲明書或向司法長官辦公室查詢
-
You must attend for jury service at the date and time stated in your summons.
In Darwin, you report to the Supreme Court, State Square, Darwin (next to Parliament House). You will move through security screening and into the Jury Muster Room when directed.
In Alice Springs, you report to the Supreme Court, 14 Parsons Street, Alice Springs (opposite Alice Plaza where Target is located). You will move through security screening and into a courtroom when directed.
-
You must attend for jury service at the date and time stated in your summons.
In Darwin, your first attendance is for the jury induction, which will take approximately 2 hours. Your second attendance is for jury selection and you must be ready to sit on a trial from that date and time.
In Alice Springs, your first attendance is for both the jury induction and jury selection so you must be ready to sit on a trial from that date and time.
Trials usually range from 1 to 6 weeks. As part of the jury selection process, you will be advised of the length of the trial.
Each day of a trial usually starts at 10.00am and ends at 4.30pm with one hour for lunch between 1.00pm and 2.00pm. Short breaks are taken for morning and afternoon tea.
On occasion, the court will sit after 4.30pm. For example, to allow a jury to deliberate to reach a verdict.
In some cases a verdict will not be reached and the Judge will direct the jurors to either return home for the night or be kept together in alternative accommodation (this is called sequestering and rarely happens) until a verdict is reached.
-
If you are summonsed for jury service you are typically required to be available for 4 to 6 weeks from the date stated in the summons.
At the jury induction, you will be told to ring a free-call jury information number (which is also stated in the letter sent out with the summons). When you ring this number you will hear a recorded message that will tell you if, and when, you are required to attend for jury selection.
If you are required to attend for jury selection, and are not selected for jury service, you may be excused from attendance until the date of commencement of the next trial or otherwise discharged. It is important to listen to and follow any directions of the Judge or Jury Manager (or their representative) in relation to your attendance.
-
P
If you continue to receive your ordinary pay and have no leave deducted while attending for jury service you are not entitled to payment for your jury service because this would be ‘double-dipping’. You are only entitled to payment if you lose income as a result of your jury service.
A juror who loses income as a result of jury service is entitled to receive payment for each day, or part day, of service as a juror as follows:
- For each day, or part day, of service as a juror for a trial – 60 monetary units if the trial lasts 9 days or less or 120 monetary units if the trial lasts 10 days or more; and
- For each day, or part day, of service where not serving as a juror for a trial – 20 monetary units.
If the Sheriff is of the opinion that a juror attending for jury service has suffered financial loss, that juror may also be entitled to receive an additional amount for that attendance of 30 monetary units if the person serves as a juror for a trial; or 20 monetary units in any other case; or the difference of the financial loss where it is less than those amounts.
The value of a monetary unit can be found on the Attorney-General’s Department’s website.
To apply for any type of payment, a Jury Fees form must be completed and submitted to the Darwin Sheriff’s Office or Alice Springs Supreme Court Registry. Jurors must include their bank account details in order to receive payment by direct deposit. Please note that it may take a number of weeks for the payment to be processed.
Information about the rights and responsibilities of employers, in relation to the payment of employees attending for jury service, can be found on the Fair Work Ombudsman website.
-
Lunch is provided to jurors sitting in a trial. Jurors can also purchase drinks and snacks from a vending machine so it is advised to bring some money (gold coins) for this purpose. If a jury is required to stay back after business hours to consider its verdict, an evening meal may also be supplied.
-
In Darwin, limited free car parking is available to jurors on a ‘first come first served’ basis. Car parking is available at the Waterfront’s Multi-level Carpark on Kitchener Drive, Darwin City. When you attend for jury service you will be provided a bar code that will allow you to exit the car park without having to pay the car parking fee.
Please Note: The Darwin Sheriff’s Office is not able to waive or pay fines imposed by Darwin City Council.
Parking facilities are not provided in Alice Springs.
-
The information you need to serve as a juror will be provided to you at the jury induction.
You must not undertake your own research or make your own inquiries about the case for which you are serving as a juror. The jury must reach a decision based on the evidence presented in court and the directions given by the Judge.
-
Jurors should attend the Supreme Court wearing neat, casual clothing and suitable footwear. It is advisable to also bring a light jacket or cardigan with you.
-
In a criminal trial, the courtroom basically looks like this:
In a criminal trial you can expect to see the following position holders in the courtroom:
- The Judge – the Judge is called ‘Your Honour’ and sits on the raised bench at the front of the courtroom dressed in a wig and robes. The Judge’s role is to preside, which means directing the trial procedure, ruling on any legal issues that arise in the course of the trial such as the admissibility of evidence, and summing-up at the conclusion of the trial to give instruction to the jurors on how to deliver a verdict according to law.
- Orderlies – this is a reference to the court staff who assist the Judge in the courtroom. They sit at the front of the court below the Judge. The Judge’s Associate wears a robe and the Sheriff’s Officers wear a uniform. The Sheriff’s Officers co-ordinate the court proceedings by opening and closing the court, swearing in the jury and witnesses, and operating the recording equipment. The Sheriff’s Officers sworn onto the trial make sure that no-one contacts the jury during the trial and provides a conduit through which the jury can communicate with the Court.
- The defendant (accused) – this is the person or persons who are on trial for committing an offence. They sit in the dock opposite the jury with a security guard.
- Legal representatives sit at the bar table and wear wigs and robes. They may include counsel (barristers) and solicitors.
Counsel for the prosecution will present the evidence against the defendant to the Court.
Counsel for the defence will present the case for the defendant to the Court and challenge the evidence presented by the prosecution.
Solicitors sit either behind or next to counsel to instruct them and usually will not speak in Court.
- Witnesses – there are many types of witnesses that may be called during a trial to give evidence, such as police officers, medical experts, and eyewitnesses.
- Interpreters – if anyone involved in the trial does not read, write, speak or understand English an interpreter will be arranged to assist them.
- Gallery – in an open court any member of the public can sit in the gallery and watch the trial, including the media. In a closed court only those persons permitted by the Judge can sit in the gallery and watch the trial.
General
Jurors should make alternative business and domestic arrangements to cover themselves in the event of being selected in the ballot to serve on a jury. Any further questions relating to jury service should be directed to the Sheriff of the Supreme Court, at Darwin on (08) 8999 7930 or at Alice Springs on (08) 8951 5711. The Supreme Court of the Northern Territory website may be viewed at www.supremecourt.nt.gov.au
Counselling
If you have any questions relating to counselling you can contact the Sheriff of the Northern Territory on (08) 8999 7930. The Sheriff will advise you of the available services and establish what assistance is required.
Sentencing remarks
The Supreme Court publishes reasons for sentencing convicted persons on the Supreme Court of the Northern Territory website.