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What it means to be a juror...

What is a jury?

A jury is a group of 12 people who have been chosen at random to sit in a Court trial, to hear the evidence and reach a verdict (decision).

The jury’s job is to decide what facts have been proved, apply the law to the facts with guidance on the law from the Judge, and return a proper verdict.

Why is jury service important?

Jury service is an important way for people to play a part in our legal system. It allows trials to go ahead. Every juror is responsible to the community to ensure that justice is done. It is very important that you attend jury service if you are summoned, unless you are excused.

Do I have to serve on a jury?

Yes – unless there is a very good reason for you to be excused or disqualified. Examples include where, because of business commitments, childcare responsibilities, or religious beliefs, you would suffer serious inconvenience or hardship. If you are over 65 and do not wish to serve, or if you have served on a jury within the last two years, you can be excused at your request.

Some people cannot serve on a jury. Full details of people who cannot serve are on your jury summons. If you think you cannot serve, or if you are not sure, please contact the Jury Officer at the Court.

How do I apply to be excused from jury service?

If you believe you have good reason to be excused from jury service, you should complete Section C of the Response Form, included with your jury summons, and send it to the Court as soon as possible.

You should give proof of your reasons. If you are applying to be excused because your absence would cause your employer hardship, you should have a supporting letter from your employer.

You will be advised whether or not you have been excused. If you are excused that does not mean your name will be removed from the jury list. You may receive another jury summons in the future.

Are there any rules I should know?

You must remain impartial and keep an open mind about the evidence you hear. Try not to decide the case until you have heard the evidence. You cannot discuss the case with anyone except your fellow jurors during the trial. Finally, you must not tell anyone what discussion took place in the jury room.

What study should I do to prepare for jury service?

None. You can only decide the facts of a case on the evidence you hear in Court. The Judge will tell you the law and you will then decide what actually happened from the evidence you hear. You will be provided with paper and pen so you can take notes during the trial.

Don’t worry about the sentence that may be given in a particular case. You only have to return a proper verdict in the case. The Judge has responsibility for determining the appropriate sentence.

What you need to know...

How was I chosen for jury service?

A jury list for each Court is made up by random selection from electoral rolls in the Court area. Your name has been selected at random from the jury list.

How are the jurors chosen at the Court?

The Registrar draws names at random for each trial and instructs you what to do. Some people will be challenged as they come forward. A lawyer may call "challenge" before you are seated and then you must return to the back of the Court. You should not take this personally. It is simply that the lawyer is exercising their right to challenge without cause. The lawyer does not have to explain the reason.

What happens on the first day of jury service?

On the first day you should plan to spend at least the morning at Court. However you could be required for the whole day and for the duration of the trial, if you are selected for a trial which begins immediately. You may want to bring something to read, as there can be periods of waiting at Court.

If you are not selected you will be told when you will be needed again. You may have to wait for some periods during the week because the exact length of time is hard to gauge.

Some Courts have a jury answer phone service which is updated daily to let jurors know when they are next required. If your Courts has this service, the number will be on your jury summons. Please ring the answer phone each night during your jury service, it may save you going to Court when you don’t need to.

What if I know the accused or a witness?

At the start of the trial the names of the accused and witnesses will be read in Court. If you know, or are connected with, the accused or a witness you should tell Court staff immediately.

How long is jury service?

Jury service is usually for one week unless there is a trial that takes longer than a week. If there is a trial scheduled that is expected to take longer than a week, your jury summons will tell you how long that trial is expected to take. Some jurors may sit on more than one trial during the course of the week; others may not be selected at all.

How long is each day at Court and what about meals?

The Court usually sits between 10am and 5pm. There is a break for lunch, normally between 1pm and 2:15pm, and there are short morning and afternoon tea breaks when tea and coffee is provided for jurors in the jury room. Meals are not provided unless a jury has retired to consider its verdict.

Can I smoke in the building?

No. The Court buildings are smoke free.

What should I wear?

You are expected to wear tidy clothing.

What happens if I have an emergency?

Tell Court staff immediately.

What happens if I do not report to Court?

If you have not been excused from jury service, you can be fined up to $300 for not attending.

What payment do I get for serving on a jury?

You are paid $31 for each half-day at Court. (This rate increases for long trials and if you have to stay later than 6pm). You are also paid for fares on public transport, or a mileage allowance for your private vehicle for your travel to and from Court. If there is no reasonable convenient access to public transport or to a private vehicle, you will be reimbursed on the production of a receipt of the amount for the cost of travelling by taxi and asked to fill in a declaration form. You will receive your payment by cheque in the mail shortly after you complete your jury service.

If you receive a benefit or supplementary allowance you should contact your local Work and Income office, as this payment may affect your benefit or allowance entitlement. If you are employed, you should discuss with your employer your legal obligation to attend jury service as soon as possible.

In cases of financial hardship you can apply for an increased payment. Court staff will tell you how to apply. You will need to give supporting information, for example details of your usual earnings and commitments.

Is car parking provided?

You will be reimbursed for car parking costs if you have travelled to Court in your private vehicle and there is no reasonable convenient free car parking available. Where possible a receipt for the car parking should be provided as evidence. To claim for the cost of car parking you will be asked to fill in a declaration form. The nearest car park is shown on the map of your Jury Summons.

Can I claim for childcare?

Yes. You can claim for the reasonable cost of childcare provided to children in your care while you are serving as a juror. If you have used a commercial childcare provider, you will have to provide a copy of the provider’s tax invoice, and asked to fill in a declaration form in order to claim reimbursement. If you have used a non-commercial provider (ie: a neighbour, friend or relative) you will be asked to fill in a declaration form in order to claim reimbursement. Please contact the Court for further information on the rates of reimbursement for both commercial and non-commercial childcare. You will receive reimbursement by cheque in the mail shortly after you complete your jury service.

What if I need help?

Please let Court staff know if you need help either before or during a trial. If you find your case difficult or upsetting, Court staff can arrange for you to have counselling. Court staff are there to help you.

IMPORTANT

To be a juror you must have a good understanding of English. If you do not understand English you should tell the Jury Officer.

Arabic

Chinese Traditional

Hindi

Korean

영어를 잘 알아듣지 못하면 법원 직원에게 말씀해 주십시오.

Cook Islands Maori

Me kare koe e marama meitaki i te reo Papa’a, me ka tika, akakite ia ki tetai o te aronga angaanga o te pia akava’anga.

Fijian

Kevaka ko sega ni kila vinaka na vosa Vakavavalagi, yalovinaka tukuna vua e dua na vakailesilesi e na vale ni veilewai.

Niuean

Kaeke kua fai lekua a koe ke maama e Vagahau Peretänia, fakamolemole ti fakailoa ke he tagata gahua he fakafiliaga.

Samoan

‘Ä-fai e faigatä ona ‘e mälamalama i le gagana Peretania, fa’amolemole, ‘ia ta‘u atu i le ‘aufaigäluega a le fa’amasinoga.

Tokelauan

Käfai e faigatä oi mälamalama koe i te gagana Peletänia, fakamolemole lea ki he tino faigäluega o te fale fakamahino.

Tongan

Kapau ‘oku ‘i ai hao palopalema ‘i hono mahino’i ‘o e lea faka-Pilitänia´, kätaki ka ke fakahä atu eni ki he kau ngäue ‘a e fakamaau’anga´.

Tuvaluan

Kafai e ‘se malamalama koe i te ‘gana palagi, fakamolemole fakailoa ki tino gälue i te Fono Tulafono.

 www.justice.govt.nz

Courts 101
Dec 2009

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