Request callback





    Articles

    Get A Free Case EvaluationHave a legal issue?

    Submit your inquiry to speak to a Senior Lawyer






      jury duty nsw

      How Much Do You Get Paid for Jury Duty NSW?

      Every adult over the age of 18 who is registered on the electoral roll may be summoned to serve for jury duty in NSW.

      If you are summoned for jury duty, you will go through a selection process to determine whether you will be a part of the 12-person jury for the matter.

      In a trial, jurors are expected to listen to the evidence presented by both sides, weigh the facts and make a decision that they believe reflects the community’s values.

      While jury duty may seem like an inconvenience, it is an essential civic duty which helps to uphold justice in the decision of the court.

      What is a Jury?

      A jury is made up of 12 members of the public who are required to decide a verdict in a legal case on the basis of evidence submitted to them in court. Juries are to act as a representation of public opinion in trials.

      In criminal trials in New South Wales, juries usually consist of 12 members. However, if a trial is anticipated to go beyond three months, juries of 15 may be appointed instead. A jury decides the majority of criminal matters in the District and Supreme Courts, as well as some significant civil trials and coronial proceedings.

      Civil trials in the Supreme Court can include up to 12 members, however, juries that decide civil cases typically have four members.

      How to Get Out of Jury Duty?

      You can get out of jury duty if you have a ‘good cause’ under the Jury Amendment Act 2010 to be excused. A ‘good cause’ includes:

      • serving on the jury would cause you or your family undue hardship or serious inconvenience;
      • you have a disability which would render you unsuitable or incapable of serving as a juror;
      • you have a conflict of interest that could result in a perception of a lack of impartiality if they were to serve as a juror; or
      • there is any other reason that you cannot perform the functions of a juror.

      Jurors are randomly selected from the electoral roll. In the event that an individual has a specific reason why they are unable to serve on a jury, they may submit an application to the Sheriff’s Office to be excused. Temporary or permanent excuses are both possible for an individual. To request a deferral or excusal, fill out the appropriate form and send it to the Office of the Sheriff along with any necessary supporting paperwork. This form is available online on the NSW Government Communities and Justice website.

      A person summoned up for jury duty has to notify the Sheriff before the day they are due to appear in court if they are aware that they are exempt from jury service.

      It is important to note that it is illegal to provide false or misleading information to the Sheriff when filling out an exemption form. The maximum punishment for this crime is a $5,500 fine.

      If you are charged with a criminal offence, you should consult an experienced criminal lawyer in Sydney to get advice about your options. Contact Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au to speak with an accredited specialist in criminal law.

      Exemptions from Jury Duty

      Although serving as a juror is a civic duty, some individuals may be exempt from jury duty in NSW.

      The following categories of people may be eligible for an exemption:

      • People who are over 70 years of age;
      • People who have a mental or physical disability that would prevent them from serving on a jury;
      • People who have served on a jury in the past two years;
      • People who are members of parliament, judges, lawyers, medical practitioners or police officers.
      • People who are incarcerated or have been found guilty of a major crime, such as terrorism or some sexual offences, are also not eligible to serve on juries.

      If any of these situations apply to you, you can request a jury duty exemption by completing the relevant form and sending it to the Jury Services Branch.

      How Much Do You Get Paid for Jury Duty?

      You will be paid $106.30 per day for jury duty if the trial lasts between one and ten days. If you are employed, you will receive $247.40 for each additional day after the eleventh day. If you are unemployed you will continue to receive $106.30.

      For each kilometre that the juror is required to travel to reach court, they are compensated

      30.7 cents. A partial attendance on the first day of jury duty is not compensated.

      Furthermore, public employees do not receive payment for jury duty as they are paid by their government body.

      Jury Empanelment

      Jury empanelment refers to the process by which a jury is chosen.

      A random number is assigned to each juror which acts as their identification throughout the whole selection process and trial if they are selected. If your number is called, you must sit in a juror’s seat.

      Once 12 numbers are called, the prosecution and defence may “challenge” a maximum of three jurors. This means that lawyers from both sides may replace a total of 6 jurors on the bench with other people. Once the challenges are complete, the final jury for the trial is set.

      In New South Wales, the parties are not given any information on a juror, including their age or profession.

      All those who came to serve on the jury, but were not selected, are dismissed after the jury selection is over.

      Jury Deliberations

      Jury deliberations refers to the process by which jurors make their decision. Deliberations must occur when all jurors are present.

      In the past, jury decisions were required to be unanimous. However, recent changes in legislation have made it possible for a jury to decide a case with a majority verdict as well. A majority verdict refers to 11 members of the jury agreeing on a decision.

      Jurors are not permitted to disclose the procedure used by the jury to reach a verdict. The identities of the jurors are kept private. It is a criminal offence to attempt to obtain information regarding the jury’s reasoning or to publish details that reveal the identities of the jurors.

      The purpose of these guidelines is to allow jurors to freely communicate their thoughts without worrying about backlash from the press, their loved ones, or other participants and jurors in the case. Additionally, they support the finality of the decision.

      Why is Trial by a Jury Important in NSW?

      Trial by jury is important because it ensures the community is represented in assessing evidence and determining the guilt of the accused. It also provides a safeguard against the arbitrary or oppressive enforcement of criminal justice. Juries

      All of the rules relating to jury service in New South Wales are regulated by the Jury Act 1977 (NSW).

      What to Wear to Jury Duty NSW?

      You should wear business attire when reporting for jury duty. For men, this means a suit or dress slacks and a collared shirt; for women, it means a dress or skirt and top. Additionally, minimal accessories are advised, as well as closed-toe footwear.

      While there is no formal dress code, you should be well-groomed and avoid wearing clothing that is too casual or exposed.

      Does your Employer need to give you leave for Jury Duty?

      An employer must allow their employee to report for jury service if they have received a summons. All permanent and temporary employees are entitled to jury duty leave under the National Employment Standards (NES) of the Fair Work Act 2009.

      Employees who report for jury duty under the NES are entitled to be paid at their base rate for the time they miss from work. But before paying an employee for time missed on jury service, the employer can ask to see proof of attendance.

      An employee cannot be fired or treated unfairly by their company if they are chosen for jury duty. In the case that this occurs, the employer may be charged with a criminal offence carrying severe penalties including imprisonment.

      NSW Jury Duty Hours

      You must report to court daily at 9:30am for jury duty and stay until 4pm unless you are excused. Jurors have a one-hour lunch break during the day and further shorter breaks throughout the day subject to the judge’s discretion.

      Comments are closed.

      Ask a question now!