Jurors - Information for jurors

Welcome to Court

Thank you for attending

Like others here today, you have been chosen to perform one of the most important responsibilities of citizenship. A person accused of committing a crime is to be tried by jury. Twelve people must now be selected for the task of deciding the case.

If you are chosen as a juror you will be asked to decide whether the person is guilty or not guilty. Your job is to represent other New Zealanders with fairness and common sense.

This booklet tells you what to expect as a juror.

CONTENTS

Section 1: A few basic pointers

Understanding what goes on
You could be on a jury straight away - or not at all
Waiting on stand-by
How juries are chosen
What’s expected of you in Court
Do you know anyone involved?
The final jury selection
Challenges
Swearing-in
Choosing a representative
Personal security
The jury room
Please, No Smoking
Hours at Court
Meals and accommodation
Watch what you say
Making notes
Contacting family and friends
Mobile phones
Fees for jury service
Future jury service

Section 2: Your role in the trial

Only you decide the facts
Don’t decide too early
The Judge’s role
Avoid outside opinions
Gathering evidence is not your job
Justice must be seen to be done

Section 3: The stages of the trial

The start
The lawyers
Remarks by the Judge
The prosecution’s case
Hearing the evidence
The defence case
The lawyers’ speeches
Summing up
The jury retires
In the jury room
Reaching your verdict
You can ask for help
The verdict
After the verdict

Section 4: After the trial

Your rights
Counselling
You may attend sentencing
Please accept our thanks
Meanings of commonly used words

SECTION 1 A few basic pointers

Understanding what goes on

It is very important that you find English easy to understand. If you have problems with the language, please tell a member of the Court staff straight away and you may be excused from jury service.

He kupu whakatūpato:

Ko ia ka tū hei kaiwhakawā mana iti, me tino mōhio mārika ki te reo Pākehā. Mēna tē mōhio pai koe ki te reo Pākehā, me whākina atu e koe ki te Āpiha Kaiwhakawā Mana iti i te kōti, ā, ka whakawāteangia koe i te ratonga hunga whakawā.

E mea Puapinga:

E riro ei koe ei tangata akavaanga atu e te tukuanga tika i roto i te Akavaanga (Juror) ka umuumu ia e kia rava toou marama i te reo Papaa. Me kare koe e marama ana i te reo Papaa ka umuumu ia koe kia akakite atu ki te Opita o te au tangata akava e te tukuanga tika (Jury Officer) i ko i te Akavaanga; kare ireira koe e tukuna ia atu no te rave atu i tereira angaanga.

Mahu’inga:

Ko e kau ki he sula, kuo pau ke ke poto lelei ‘i he lea faka-Pilitania. Kapau ‘oku ‘ikai ke mahino kiate koe ‘a e lea faka-Pilitania, fakaha ia ki he ‘Ofisa Sula ‘i he falehopo, pea ‘e faka’ata leva koe mei he fatongia koia.

E taua mo lou silafia:

E ao ona lelei sou silafia o le Gagana Peretania, pe afai e filifilia oe e avea ma se tasi o e faia le faaiuga o se Faamasinoga i le Maota faamasino (Juror). Afai e filifilia oe, ae e te mautinoa e te le malamalama i le Gagana Peretania, e ao ona e logoina vave le ua pulea tagata ua filifilia mo le faia o se faaiuga o se Faamasinoga (Jury Officer) i totonu o le Fale Faamasino, ona tuuina atu lea ia to oe o le sa’olotoga e ave’eseina ai lou igoa, mai i le lisi oe ua filifilia.

Fekau hokulo lahi:

Ka fifili a koe ke eke mo taha tagata fakafili (juror) he fale hopo ti kua lata ia koe ke hokulo e maama he vagahau Palagi. Ka nakai hokulo he maama e koe a vagahau Palagi ke lata mo e fekau mamafa nei kua uiina a koe ki ai, ti talaage e koe ke he ofisa he fale hopo (jury officer) ke maeke ia ia ke fakaata a koe ai fakagahua mo taha he tau tagata fakafili (juror).

Mea e taua lahi:

Ke kavea he tino ma juror (tino e faia te tonu pe hala pe he hala he tino ite fakamahinoga), e tatau ke lava to malamalama i te gagana Peletania. Kafai e he lava to malamalama oi lea ke te Jury Officer i te fale fakamahino fatoa mafai ai koe ke tu kehe mai te na tofiga.

You could be on a jury straight away – or not at all

Jury service is usually for a week. You may be selected for a jury on the first morning you arrive, later in the week or not at all. Some jurors may sit on more than one trial during the week. Occasionally a trial will take more than a week. When such a case is likely to begin during the week you’re on jury service, wherever possible you will be notified of this with your summons. On each day you are required, you can expect to spend much of the morning at Court. Sometimes you will be selected for a trial which begins immediately, but often there will be some time spent waiting. Feel free to bring something to read.

Waiting on stand-by

If you are not immediately selected for a jury you may be placed on stand-by and asked to return to Court at a later time. Most Courts have an answerphone service which allows you to call in from wherever you are, listen to a recorded message and return to the Court if and when you’re needed. Please make sure you understand what to do before you leave the building.

How juries are chosen

All juries are chosen at random, by ballot. There are good reasons why you cannot ask to be chosen for a particular type of trial, or to sit on a case you may have heard about.

Soon after you arrive, Court staff will begin the balloting process. If your name is called, you will be asked to join a group of possible jurors. In most cases this group will then be guided to the appropriate courtroom for the next stage in the balloting process. If your name is not called you may be asked to wait in case you’re needed later. At all times, please feel free to ask Court staff about anything you need to know. That’s what they’re here for.

What’s expected of you in Court

To do your job as a juror, you must be able to sit and concentrate on the case for periods of up to two hours at a time. If this is difficult for you because of hearing or eyesight problems, or if you have a medical condition which makes it hard to concentrate, please tell a member of the Court staff straight away. Also, if you are not feeling well, you should tell Court staff straight away.

Do you know anyone involved?

Before the trial begins you will be told the name of the case and usually the names of the people involved. Please pay careful attention to this information. If a person or an event is known to you, you must tell Court staff straight away. You may then be excused from serving in the trial.

Please don’t hesitate to speak up. We need to know these things early on, and the Judge will be grateful to you for mentioning any doubts you have before the trial, rather than later.

The final jury selection

In the courtroom the jury for the trial is selected at random by ballot. If your name is called, make your way to the jury box. If you are not ‘challenged’, sit down in the jury box.

Challenges

If a lawyer calls ‘challenge’ before you sit down, this means you are not required for this case and you should return to the back of the courtroom. Challenges are a regular part of all jury cases. If this happens to you, don’t take it personally as the reasons rarely reflect on the individual. When considering age, sex, occupation or some other factor, lawyers may simply prefer someone else. In a New Zealand courtroom, members of the jury cannot be questioned by the lawyers.

Swearing-in

If you are one of the twelve jurors chosen you will now be asked to swear an oath or affirm. You can swear on the Bible, make an affirmation without reference to religion or take an oath according to your personal beliefs. If you’re not sure which to choose, please ask Court staff about the options before you go into Court. If you choose either the oath or affirmation, one of these will be read to you as follows:

Choosing a representative

After being sworn in, you will be taken to the jury room to choose one person to speak for you, as the jury, throughout the trial. Your choice can be a woman or a man, and may be referred to as Madam Foreman, Mister Foreman, Madam Forewoman or the jury representative. For simplicity, he or she is referred to in this booklet as "your representative". There are no rules on how you choose this person – it’s entirely up to you. The jury’s representative speaks in Court on your behalf, and should be someone who can chair the jury’s discussions in a fair and balanced way.

As soon as this person has been chosen, the jury returns to the courtroom and your representative takes the seat closest to the Judge. Now the trial begins.

You will find a simple description of trial procedure and the duties of the jury in the pages which follow. But first, some answers to common questions:

Personal security

It is quite natural for jury members to think for a moment about their personal security during a trial. We understand this, and all necessary precautions will be taken to make you feel safe. Members of the jury can not be identified by news media or anyone else. If cameras are allowed in Court, they are not allowed to show you at all. Journalists are also forbidden from talking to you.

Most importantly, there are severe penalties for anyone who tries to influence you in any way. If you feel intimidated or feel pressure from any person, your duty is to tell Court staff immediately.

The jury room

The jury room is a working room, and only you are allowed to use it. You will return there each morning and for morning and afternoon tea breaks. You may also be asked to wait in the jury room while the Court hears legal argument, often involving the admissibility of evidence. Finally, you will retire to the jury room to consider your verdict at the end of the trial. It has a table and chairs, tea and coffee making facilities, and toilets. Writing materials are provided for you to take notes in Court. You will be shown the most convenient entrance and exit.

Please, No Smoking

All Courts are smoke free buildings. Smoking is not permitted inside Court buildings. However, Court staff may make provision for jurors who wish to smoke during adjournments, and, if the Judge permits, while you are considering your verdict at the end of the trial.

Hours at Court

Court staff will tell you where and when you should reassemble. If one of you is late in the morning, or if you take too long on a break, the whole trial will be held up until you arrive. If you’re likely to be late, call the Court straight away.

Most trials begin at 10am, take a lunch break from 1pm to 2.15pm, then continue until 5pm. You will also have morning and afternoon tea breaks.

Meals and accommodation

During the trial and before you retire to consider your verdict you are free to leave the building during lunch breaks and to go home at night. However, as soon as you have retired to consider your verdict you must stay together. From this point on, the Court will provide meals. If you have to leave the building to eat, Court staff will escort you to a restaurant. Occasionally the jury will still be discussing its verdict in the evening. If this happens, Court staff will arrange transport for those who need it. On rare occasions a jury cannot reach a verdict within the day and the deliberations are adjourned until the following day. In these cases the jury must remain together. Hotel accommodation and meals will be arranged and paid for by the Court.

Watch what you say

It is extremely important that you don’t discuss the case with anyone outside the jury room. A conversation overheard in a lunch break or on the phone could cause the trial to be cancelled. Your family and friends could find this hard to understand, so it’s a good idea to warn them in advance that you cannot talk to them at all about the trial.

Making notes

All notes that you make or documents that you receive relating to the trial are confidential to the jury. No such notes or documents are to leave the Court.

Mobile phones

Mobile phones are not permitted in Court or in the jury room.

Contacting family and friends

When considering your verdict, you will not have access to a telephone. If you need to make urgent contact with someone, Court staff will relay the message for you.

Please give your family the contact telephone numbers on the jury summons in case of an emergency at home. If they leave a message, Court staff will do their best to get it to you quickly.

Fees for jury service

You are paid a fee for each half-day at Court. Jury service is seen as a responsibility of citizenship and fees are not large. You are also paid for certain expenses such as public transport fares or a mileage allowance for your private vehicle for your travel to and from Court. You will be reimbursed for car parking costs if there is no reasonably convenient free car parking available. You can also claim for the reasonable cost of childcare provided to children in your care while you are serving as a juror. If you believe that undertaking jury service will cause you financial hardship, you can apply to the Court for an increased payment. In exceptional circumstances your fee could be increased. Court staff will let you know how to claim for expenses and how to apply for an increased fee payment.

Future jury service

If you are called again for jury service in the next two years, you can apply to be excused on the basis that you have already served on a jury or reported for jury selection during that time. A Judge may extend the time where a trial has been long or disturbing. If this happens to you, you may still make yourself available for jury service if you wish.

Section 2 Your role in the Trial

Only you decide the facts

To put it simply, you decide on the facts and the Judge’s job is to deal with the law and make sure the trial is fair.

For this reason you must pay close attention to what is said by each witness. You are free to take notes if you think they may help. In the end, you will have to decide what happened and who to believe. When considering your verdict, your representative may ask the Judge to read to you any parts of the evidence.

Don’t decide too early

Keep an open mind all through the trial. Don’t make any decisions about your verdict until after the Judge sums up.

The Judge’s role

When it comes to the law you must follow the instructions of the Judge, whatever your own views of it.

Remember it’s your job to decide the facts. The final verdict depends on what you, the jury, decide after listening carefully to all the evidence.

Avoid outside opinions

It’s unfair to allow anyone outside the jury room to influence your decision, even in small ways. They haven’t heard all the evidence and seen the witnesses, but you have. For this reason it is most important that you do not speak about the trial to anybody outside the jury. This applies particularly to your friends and family, as they may be the ones most likely to influence you. Please ask them not to discuss the case in your presence. These rules are designed to help you keep an open mind during the trial.

Reacting to media speculation is equally dangerous. News reports are not always accurate, and they are rarely complete. Try not to read about the trial or listen to news bulletins when you leave the Court. Remember that you know more about the case than is reported.

If by accident while outside the courtroom you do hear something about the case, you must not tell the other jurors. Instead tell a member of the Court staff in private.

If during the trial you have come to realise that any other juror knows one of the parties or witnesses, or has some outside knowledge of the incident in question, you must tell Court staff straight away. The Judge will decide whether the juror should continue to serve.

Gathering evidence is not your job

You must not try to gather evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. If this is necessary, it will be arranged by the Judge. Remember that cases must be decided only on the basis of the evidence presented in Court.

SECTION 3 The stages of the trial

By the time you read this section you may already have been sworn in as a juror and be familiar with the opening proceedings. If not, the following is a start-to-finish general description of the trial.

The start

When you come in you see the lawyers, Court staff and members of the public. As the Judge enters the courtroom you are asked to stand. To open the trial, the Court Taker reads the charge or charges to the accused. Almost always the accused pleads not guilty, as a jury would not be needed otherwise. The lawyers introduce themselves, the jury is chosen and you elect your representative. Now the trial begins.

The lawyers

In front of you are one or more lawyers for the prosecution, usually referred to as "the Crown". It’s the Crown’s job to represent the community and put the case against the accused. Arguing the opposite case is "the defence". It’s the responsibility of the defence lawyers to put the case for the accused.

Remarks by the Judge

At this stage it is quite common for the Judge to give you some information relevant to the hearing of the trial.

The prosecution’s case

First, lawyers for the Crown will speak to you, opening the case for the prosecution. You will be told why the case has been brought, the nature of the evidence to be given and what the Crown understands it has to prove to establish the guilt of the accused. Then the prosecution calls its witnesses.

Hearing the evidence

Everything said by a witness for either side is for your consideration. It’s up to you to decide the value of the evidence and to reach a verdict.

First, witnesses are questioned by the lawyers who called them to Court to obtain their evidence. Often they are then "cross-examined" by lawyers for the other side, then perhaps "re-examined" by the first lawyer. Sometimes the process is simplified and evidence is read to the Court without the witness being present.

The Judge may also ask questions, and so may the jury, although this is most unusual. If you think it is essential, write out a question and give it to your representative to pass to the Judge. If the Judge agrees, the question will be put to the witness on your behalf. Listen to all the questions asked by the lawyers before you take the step of seeking to ask a question through the Judge.

The defence case

Once all the witnesses for the Crown have been heard, the defence lawyer will say if the accused intends to call evidence. There is no obligation to call evidence, but if such a course is chosen the lawyer for the accused will tell you about the case for the defence and call the witnesses.

The lawyers’ speeches

When all the evidence has been heard, first the prosecution and then the defence have an opportunity to deliver a closing address to the jury.

Summing up

Finally it’s the Judge’s job to sum up. You will hear about the law as it applies to this trial, about the cases for both the Crown and the accused, plus anything the Judge thinks may be helpful to you. Remember, you must accept what the Judge says about the law.

However, the facts of the case are for you to decide.

The jury retires

After the summing up, you retire to the jury room for your final deliberations and to decide on your verdict. This is your job along with the other jurors.

In the jury room

Remember that mobile phones are not allowed in the jury room. No juror is allowed to make or receive a phone call or to make contact with anyone other than Court staff during deliberations on your verdict. Court exhibits may be left with you to consider. These are important items. No-one should mark or write on them, change or damage them in any way.

Reaching your verdict

Discuss the case with other jurors before making up your mind about the verdict. Each of you must come to your own decision on the case, but only after the group has considered the evidence fairly.

There may be differences of opinion between jurors. It’s your job to sort these out through complete and fair discussion of the evidence and of the Judge’s instructions. You must not lose your temper, try to bully others, or refuse to listen to the opinions of other jurors. If you feel you are being intimidated by any other member of the jury, you should tell Court staff straight away.

You may reconsider your own views during the discussion. By all means change them if you have become convinced they are wrong. But you should not change a firm opinion just because other jurors disagree with you, or simply to enable the jury to decide on a verdict.

Each of you should contribute to the final, unanimous decision. If one or more jurors take little notice, the group is not doing its job. Sometimes it may be necessary for you to gently draw out the opinions of any jurors who are quiet or shy.

You can ask for help

If you have any questions that arise while you are in the jury room, your representative must pass these to Court staff. They are the only people permitted to help, and then only by passing messages out to the Judge. Questions about the law or evidence must be in writing.

The verdict

When you have reached your decision, tell Court staff. You will then be called back into the Court to your seats. When the accused has been brought back into Court, the Court Taker will ask your representative if you have all agreed on your verdict. This must be unanimous.

If you have agreed, your representative will then be asked whether the verdict is "guilty" or "not guilty" on each charge. Once the verdict(s) has been given, the jury will be asked if that is the verdict of you all. You and the other jurors will show by word or sign that you are in agreement.

After the verdict

At this point the Judge takes over and does what is necessary to give effect to your verdict. If you have found the accused guilty, a date will usually be set for sentencing. You may attend any sentencing hearing if you wish (see Section 4, page 21). If the accused is found not guilty, he or she will be discharged.

Your job as a juror is now over for that particular trial, and you will be thanked and discharged. However, you may still be required for further trials.

SECTION 4 After the trial

Your rights

Members of the jury are not required to answer questions about the verdict, how you reached it or anything that went on inside the jury room. Anyone who approaches you and tries to find out may be committing an offence and you should tell Court staff.

However, if you have serious concerns about the verdict or the process used to reach that verdict, the Court Registrar is the only person you should tell. The law protects the confidentiality of the jury room. Only in the most exceptional case would there be a possibility of an inquiry into what happened or was discussed in the jury room after the jury retired to consider its verdict.

Counselling

Occasionally a jury will hear a particularly distressing case. If you want some help after the trial, please ask Court staff to arrange this for you. They can arrange for confidential counselling to be made available and the Court will pay the cost.

You may attend sentencing

Jurors may have an interest in the sentence imposed on any accused person they find guilty. At sentencing the Judge takes into account any victim impact statements, reports on the convicted person by a probation officer, plus other relevant information. Whether or not you choose to attend, the Court will advise you of the sentence imposed by the Judge.

Please accept our thanks

Jury duty is essential to our system of justice. We hope that your experience was interesting. We recognise it may also have been inconvenient, or at times even unpleasant. Whatever your experience, your consideration of the facts, your time and commitment are appreciated.

Meanings of commonly used words

During your jury service you will hear words which may not be familiar.

Here are some of them:

Accused

The person who is on trial, sometimes called the defendant

Address

A speech by a lawyer

Adjournment

Any break in the hearing of the case

Affirmation

An oath which makes no reference to religion. See "Swearing-in" on Page 7

Arraignment

The reading of the charge to the accused, who pleads "guilty" or "not guilty"

Ballot

The process used to select jurors at random

Challenge

The process by which lawyers can exclude some people from the jury

Charge

Each individual crime alleged against the accused

Complainant

Commonly used to describe the person alleged to be the victim of the offence

Counsel

Lawyers for the defence or prosecution

Count

The same meaning as "charge"

Court Attendant or Crier

Court staff member who assists the Court, jurors and members of the public

Court Registrar

Court staff member who assists in the operation of the sitting in that Courtroom. Usually sits in front of the Judge

Court Reporter or Associate

The member of the Court staff whose job it is to record the evidence that is given in the trial. Also records the Judge’s summing up

Court Taker

The member of the Court staff who ensures ritual is followed and gives effect to any direction from the Judge. This person is sometimes referred to as the registrar

Cross-Examination

Questioning of a witness by a lawyer from the other side. For example a prosecution witness may be cross-examined by a defence lawyer

Crown, The

The lawyer(s) presenting the case against the person on trial. Sometimes referred to as the prosecution

Defence Counsel

The lawyer(s) representing the accused

Deliberations

The jury’s discussions when deciding on a verdict

Depositions

A record of evidence given earlier which is not evidence in the trial

Dock

A place where the accused may stand or sit during the proceedings

Empanel

A term used for the final jury selection, or "empanelling"

Evidence

What the witnesses say, plus any material produced as exhibits

Exhibits

Items of evidence produced during a trial. These can be photos, statements, diagrams, weapons or any relevant material or object

Foreman

The jury’s representative. He or she can be referred to as Madam Foreman, Mister Foreman or Madam Forewoman

Indictment

The document which states the charge(s) against the accused

Judge

The person who presides over the trial

Jury

Twelve citizens chosen at random to represent the public and to decide on a verdict after hearing all the evidence in a trial

Jury Box

The jury’s seating area in the courtroom

Jury Officer

A person who looks after the jury once they have retired to consider their verdict

Oath

A solemn declaration or undertaking. See "Swearing-in" on Page 7

Plea

The accused’s answer to the charge, namely "guilty" or "not guilty"

Public Area

That part of the courtroom where members of the public can be seated

Prosecution

The lawyer(s) presenting the case against the person on trial. Sometimes referred to as "the Crown"

Registrar

See Court Registrar and Court Taker

Sentence

The penalty imposed on someone who has been found guilty of an offence

Summing Up

The Judge’s final instruction and advice to the jury after the prosecutor and defence counsel have presented their final addresses

Swearing-in

The stage at which jurors swear an oath or make an affirmation

Unanimous Decision

An opinion or decision agreed to by all of those involved

Verdict

The final, unanimous decision of the jury

Witness

A person called to give evidence to Court

Witness Box

The place from which witnesses give their evidence

Court Staff

A number of Court staff take various roles in the proceedings. You may hear these mentioned:

• Court Taker (or Registrar)
• Court Attendant (or Crier)
• Court Reporter
• Jury Officer

For a description of their roles and others, see the glossary on pages 23-26.

www.justice.govt.nz

Courts 099
May 2005