Jury Empanelment: Report (html)
Appendices
Appendix A: Advisory committee members
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1 |
Professor Jonathan Clough, jury researcher, Monash Law School |
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2 |
Mr Leighton Gwynn, criminal law barrister |
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3 |
Mr Peter Kidd SC, senior Crown prosecutor |
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4 |
Mr Peter Morrissey SC, criminal law barrister |
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5 |
Ms Peta Murphy, senior public defender, Victoria Legal Aid |
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6 |
Ms Katherine Rynne, senior registrar Loddon Mallee, Magistrates’ Court of Victoria |
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7 |
Mr Robert Stary, principal, Robert Stary Lawyers |
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8 |
Ms Andrea Tsalamandris, partner, Adviceline Injury Lawyers |
Appendix B: Consultations
Discussions about the questions raised in the consultation paper were held with the people and organisations listed below.
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1 |
Prospective jurors post-empanelment, Shepparton, Victoria |
7 October 2013 |
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2 |
Prospective jurors and jurors, Shepparton, Victoria |
7 October 2013 |
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3 |
Senior registrar, registrar and jury keeper, Shepparton Law Courts, Victoria |
8 October 2013 |
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4 |
Prospective jurors, Geelong, Victoria |
14 October 2013 |
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5 |
Senior registrar and jury keeper, Geelong Law Courts, Victoria |
14 October 2013 |
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6 |
Jury and security coordinator, Supreme Court, Hobart, Tasmania |
18 October 2013 |
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7 |
Prospective jurors post-empanelment, Bendigo, Victoria |
22 October 2013 |
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8 |
Prospective jurors and jurors, Bendigo, Victoria |
22 October 2013 |
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9 |
Senior registrar, Loddon Mallee and jury keeper, Bendigo, Victoria |
22 October 2013 |
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10 |
Deputy sheriff, Queensland |
24 October 2013 |
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11 |
Court registry officer, Wellington High Court, New Zealand |
25 October 2013 |
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12 |
Prospective jurors post-empanelment, Geelong, Victoria |
28 October 2013 |
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13 |
Judges of the Supreme Court of Victoria |
29 October 2013 |
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14 |
Acting deputy director and professional development officer, Commonwealth Director of Public Prosecutions, Melbourne Office |
29 October 2013 |
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15 |
Juries Commissioner and Juries Commissioner’s Office staff member, Melbourne, Victoria |
29 October 2013 |
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16 |
Director of Public Prosecutions, Crown Prosecutor and Office of Public Prosecutions staff member, Melbourne, Victoria |
30 October 2013 |
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17 |
Acting jury manager, South Australia |
1 November 2013 |
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18 |
Additional juror A |
1 November 2013 |
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19 |
Senior registrar, Latrobe Valley Law Courts, Victoria |
6 November 2013 |
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20 |
Prospective jurors post-empanelment, Morwell, Victoria |
6 November 2013 |
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21 |
Acting chief executive officer and program manager, Judicial College of Victoria |
7 November 2013 |
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22 |
Judges of the County Court of Victoria |
7 November 2013 |
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23 |
Additional juror B |
7 November 2013 |
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24 |
Assistant sheriff, manager jury and court administration, NSW |
8 November 2013 |
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25 |
Judge of the County Court of Victoria |
11 November 2013 |
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26 |
Jury manager, Centralised District and Combined High Court, New Zealand |
12 November 2013 |
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27 |
Additional juror C |
13 November 2013 |
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28 |
Additional juror D |
13 November 2013 |
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29 |
Family member of victim of crime, Melbourne, Victoria |
14 November 2013 |
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30 |
Juries Commissioner’s Office staff, Melbourne, Victoria |
14 November 2013 |
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31 |
Additional juror E |
15 November 2013 |
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32 |
Law Institute of Victoria members, Melbourne, Victoria |
18 November 2013 |
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33 |
Judge of the County Court of Victoria |
19 November 2013 |
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34 |
US jury researchers |
20 November 2013 |
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35 |
Manager, jury services, Western Australia |
21 November 2013 |
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36 |
Deputy district registrar, Victoria Registry, Federal Court of Australia |
11 December 2013 |
Appendix C: Submissions
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1 |
Name withheld pursuant to s 65 of the Juries Act 2000 (Vic) |
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2 |
Name withheld pursuant to s 65 of the Juries Act 2000 (Vic) |
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3 |
Name withheld pursuant to s 65 of the Juries Act 2000 (Vic) |
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4 |
Confidential |
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5 |
Name withheld pursuant to s 65 of the Juries Act 2000 (Vic) |
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6 |
Name withheld |
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7 |
Name withheld pursuant to s 65 of the Juries Act 2000 (Vic) |
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8 |
Crime Victims Support Association Inc. |
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9 |
Confidential |
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10 |
Victoria Legal Aid |
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11 |
Ethnic Communities’ Council of Victoria |
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12 |
Victorian Director of Public Prosecutions |
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13 |
Juries Commissioner |
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14 |
Victorian Equal Opportunity and Human Rights Commission |
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15 |
Liberty Victoria |
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16 |
Criminal Bar Association |
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17 |
Common Law Bar Association |
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18 |
Peter Burt |
Appendix D: Peremptory challenges and stand asides in
criminal trials
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Jurisdiction |
Victoria |
Australian Capital Territory |
New South Wales |
Northern Territory |
Queensland |
South Australia |
Tasmania |
Western Australia |
Federal Court of Australia |
New Zealand |
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|---|---|---|---|---|---|---|---|---|---|---|---|
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Number of peremptory challenges available to accused |
6 where 1 accused. 5 each where 2 accused. 4 each where 3 or more accused. |
8 for each accused. |
3 for each accused. Additional peremptory challenges can be made with agreement of all parties. |
6 for each accused. Up to 12 challenges for each accused for ‘capital offences’.[1] |
8 for each accused. |
3 for each accused. |
6 for each accused. |
3 for each accused. |
4 for each accused. |
4 for each accused. |
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Number of Crown peremptory challenges |
N/A—Crown has right to stand aside only. |
8 for each accused. |
3 for each accused. Additional peremptory challenges can be made with agreement of all parties. |
6 for each accused. Up to 12 for capital offences. |
8 for each accused. |
3 for each accused. |
N/A—Crown has right to stand aside only. |
3 for each accused. |
N/A—Crown has right to stand aside only. |
4 where 1 accused. 8 where 2 or more accused. |
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Number of Crown stand asides |
6 where 1 accused. 10 where 2 accused. 4 where 3 or more accused. |
Unlimited, but at the discretion of the court. |
N/A—Crown has peremptory challenges only. |
Up to 6 at discretion of the court. |
N/A—Crown has peremptory challenges only. |
N/A—Crown has peremptory challenges only. |
Unlimited. |
N/A—Crown has peremptory challenges only. |
4 |
Unlimited, but requires consent of an accused. Also available to an accused with the consent of the Crown. |
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Number of extra challenges where additional or reserve jurors |
None. |
1 per party where 1 or 2 additional jurors. 2 per party where 3 additional jurors. 3 per party where 4 additional jurors. |
1 per party. |
None. |
1 per party where 1 or 2 reserve jurors. 2 per party where 3 reserve jurors. |
None. |
1 plus any unused challenges. |
None. |
1 for each accused. 1 extra Crown stand aside. |
N/A—additional jurors are not appointed in New Zealand. |
Appendix E: Peremptory challenges in civil trials
Note: Jury trials have been abolished for civil cases in South Australia and the
Australian Capital Territory.
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Jurisdiction |
Victoria |
Australian Capital Territory |
New South Wales |
Northern Territory |
Queensland |
South Australia |
Tasmania |
Western Australia |
Federal Court of Australia |
New Zealand |
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|---|---|---|---|---|---|---|---|---|---|---|---|
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Number of jurors empanelled |
Usually 6, maximum of 8. |
N/A. |
Usually 4, although either party may apply for a jury of 12 in the Supreme Court. |
4 |
Usually 4, maximum of 7. |
N/A. |
Usually 7, maximum of 9. |
6 |
Same number as the state or territory in which the civil jury trial occurs. |
12 |
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Number of peremptory challenges |
3 per party. If parties have the same legal practitioner, they must share their 3 challenges. |
N/A. |
Each party has the number of challenges equal to half the number of jurors required in the trial. In practice, with a standard jury of 4, this usually means 2 per party. |
None. |
2 per party. |
N/A. |
3 per party. If parties have the same legal practitioner, they must share their 3 challenges. |
6 per party.[2] |
Same number as the state or territory in which the civil jury trial occurs. |
4 per party. |
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Number of extra challenges where additional or reserve jurors |
None. |
N/A. |
N/A—additional jurors are not appointed for civil trials in New South Wales. |
N/A—peremptory challenges are not available for civil trials in the Northern Territory. |
1 per party where 1 or 2 reserve jurors. 2 per party where 3 reserve jurors. |
N/A. |
None. |
N/A—additional jurors are not appointed for civil trials in Western Australia. |
Same number as the state or territory in which the civil jury trial occurs. |
N/A—additional jurors are not appointed in New Zealand. |
Appendix F: Information about jurors available to parties/
Identification of jurors in the courtroom by name or number
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Jurisdiction |
Victoria |
Australian Capital Territory |
New South Wales |
Northern Territory |
Queensland |
South Australia |
Tasmania |
Western Australia |
Federal Court of Australia |
New Zealand |
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Panel called in court |
Yes. |
No. |
No. |
No. |
No. |
No. |
No. |
No. |
Yes. |
No. |
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Information about jurors available to the parties |
Name or number and occupation. |
Name and occupation. |
Number only. |
Name and occupation. |
Name, occupation and suburb. |
Name, occupation and suburb. |
Name, occupation and address. |
Name, occupation and address. |
Name or number for criminal trials; for civil trials depends on the state or territory in which the trial occurs. |
Name, occupation, address and date of birth. |
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When and how information is provided |
Called aloud during empanelment. |
List provided to the parties in court prior to the empanelment. |
N/A. |
List made available to parties at the Sheriff’s Office 48 hours prior to empanelment. In practice, parties generally seek to view the list on the morning of the empanelment. |
List can be requested by parties from 4pm on the business day prior to the day of empanelment. |
List made available to counsel in court ‘long enough before the jury is empanelled to enable counsel to take instructions to challenge’. |
List made available to parties at the Sheriff’s Office approximately a week prior to the empanelment. |
List made available to parties’ legal representatives on the day of empanelment. |
Called aloud during empanelment for criminal trials; for civil jury trials depends on the state or territory in which the trial occurs. |
List may be inspected on request by a party, their lawyer, the Crown or a police employee working on the matter. This can occur not more than 7 days before the week in which the empanelment is to occur. |
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Identification of jurors in the courtroom by name or number |
Name or number (at discretion of the judge). |
Name. |
Number. |
Name. |
Number and name[3] (unless the court directs they be called by number only for security or other reasons). |
Number. |
Name (unless the court directs they be called by number only for security or other reasons). |
Number. |
Name for criminal trials (unless the court thinks it is necessary to call the panel by number in order to protect the security of a juror or potential juror); for civil trials depends on the state or territory in which the trial occurs. |
Name. |
Appendix G: Additional and reserve jurors
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Jurisdiction |
Victoria |
Australian Capital Territory |
New South Wales |
Northern Territory |
Queensland |
South Australia |
Tasmania |
Western Australia |
Federal Court of Australia |
New Zealand |
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|---|---|---|---|---|---|---|---|---|---|---|---|
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Additional jurors or reserve jurors? |
Additional. |
Additional. |
Additional. |
Reserve. |
Reserve. |
Additional. |
Reserve. |
Additional. |
Additional for criminal trials; depends on the state or territory in which the civil jury trial occurs. |
N/A—additional jurors are not appointed in New Zealand. |
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Number of additional or reserve jurors allowed |
3 in criminal trials. 2 in civil trials. |
5 in criminal trials. Civil juries abolished in ACT. |
3 in criminal trials. None in civil trials. |
3 in criminal trials. None in civil trials. |
3 in criminal trials. 3 in civil trials. |
3 in criminal trials. Civil juries abolished in SA. |
2 in criminal trials. 2 in civil trials. |
6 in criminal trials. None in civil trials. |
3 in criminal trials. For civil trials, the number allowed is the same as the state or territory in which the civil jury trial occurs. |
N/A. |
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Conditions for empanelment of additional jurors |
None. |
If a judge considers it appropriate. |
A court may empanel additional jurors if it is satisfied that: the trial is likely to run for more than 3 months[4] it is an appropriate way to ensure that enough jurors will be left on the jury when it has to consider its verdict there are appropriate facilities for the additional jurors. |
None. |
None. |
If the court thinks there are good reasons for doing so. |
None. |
None. |
None for criminal trials; depends on the state or territory in which the civil jury trial occurs. |
N/A. |
Appendix H: Juror survey
About this survey
The VLRC has been asked by the government to review certain aspects of the jury empanelment process. The information from the survey will help us to make recommendations to the government about possible changes to improve that process.
This survey is for people who have been to a court room as part of a jury selection process in Victoria. The group of people who attend court for jury selection is called the jury panel.
The jury is selected from the jury panel.
You can respond to this survey whether you were selected for the jury or not. The survey
is anonymous. It will take 5-10 minutes to complete. Or you can complete it online at
Please do not include the details of any trial you have served on in this survey. It is an offence for a juror to reveal any information about the deliberations of a trial they have served on.
PART A: BACKGROUND QUESTIONS
You may have been on more than one jury panel. If you have been on more than one jury panel, please only answer this survey in relation to the last jury panel you were on.
A.1 When were you last on a jury panel in Victoria?
Within the last year
1 – 3 years ago
More than 3 years ago
A.2 Was the trial you attended in Melbourne or elsewhere in Victoria?
Melbourne
Elsewhere in Victoria
A.3 Was the trial a criminal or civil trial?
Criminal trial (for a person accused of a crime) Go to Part B
Civil trial (where a person is suing another person
or company for compensation) Go to Part C
END OF PART A.
PART B: CRIMINAL TRIALS
B.1 Before the jury is selected, the judge’s associate calls the names or numbers
and occupations of each person on the jury panel in court to check that everyone is there.
For the trial you attended, were the people on the jury panel called by name or number?
Name Go to B.3
Number Go to B.2
Don’t remember Go to B.3
B.2 Did the judge make any comment about calling the people on the jury panel by number?
Yes
No
Don’t remember
B.3 In your view, is it preferable to call the people on the jury panel by number or by name?
Name
Number
No preference
Reason for your answer:
B.4 The accused (defence) and the prosecution are allowed to challenge a limited number of people drawn from the ballot box to prevent them from being on the jury.
Do you understand why there is a challenge process?
Yes Go to B.5
No Go to B.6
Not sure Go to B.6
B.5 Why do you think challenges to jurors are allowed?
B.6 Were you chosen from the ballot box in court as a potential juror?
Yes Go to B.7
No Go to B.13
B.7 Were you selected to be on the jury?
Yes, I was selected to be on the jury Go to B.12
No, I was challenged Go to B.8
B.8 Were you challenged by the accused (the defence) or the prosecution?
Don’t know
The accused (defence)
The prosecution
B.9 Which of the following best describes how you felt about being challenged? (pick one only)
Relieved
Didn’t mind
Disappointed/ frustrated
Embarrassed
Upset/angry
Other (please specify)
B.10 Why do you think you were challenged?
Because of my gender
Because of my occupation
Because of my age
Because of my race or ethnicity
Because of what I look like
Don’t know
Other (please specify)
B.11 What made you think this was the reason you were challenged?
B.12 How did you feel about having to walk in front of the accused on the way to the jury box?
B.13 Only answer this question if you were NOT chosen from the ballot box as a potential juror.
When a person is selected from the ballot box they have to walk in front of the accused before going towards the jury box.
Having seen this process, what do you think about it?
B.14 Do you think the accused or the prosecution should be allowed to challenge jurors without having to give a reason?
Yes
No
Not sure
B.15 Do you think there should be any changes to the challenge process?
Yes
No
If yes, what changes should be made?
END OF PART B. PLEASE GO TO PART D.
PART C: CIVIL TRIALS
C.1 Before the jury is selected, the judge’s associate calls the names or numbers and occupations of each person on the jury panel in court to check that everyone is there.
For the trial you attended, were the people on the jury panel called out in court by name or number?
Name Go to C.3
Number Go to C.2
Don’t remember Go to C.3
C.2 Did the judge make any comment about calling the people on the jury panel by number?
Yes
No
Don’t remember
C.3 In your view, is it preferable to call the people on the jury panel by number or by name?
By number
By name
No preference
Reason for your answer
C.4 Both sides are allowed to strike the names of 3 people drawn from the ballot to exclude them from the jury.
Do you understand why this process exists?
Yes Go to C.5
No Go to C.6
Not sure Go to C.6
C.5 Why do you think the process for excluding people exists?
C.6 Were you chosen from the ballot box in court as a potential juror?
Yes Go to C.7
No Go to C.12
C.7 How did you feel about having to stand when your name/number was called?
C.8 Were you selected to be on the jury?
Yes, I was selected Go to C.13
No, I was challenged Go to C.9
C.9 Why do you think you were not selected?
Because of my gender
Because of my occupation
Because of my age
Because of my race or ethnicity
Because of what I look like
Don’t know
Other (please specify)
C.10 What made you think this was the reason you were not selected?
C.11 Which of the following best describes how you felt about not being selected? (pick one only)
Relieved
Didn’t mind
Disappointed/ frustrated
Embarrassed
Upset/angry
Other (please specify)
C.12 Only answer this question if you were NOT chosen from the ballot box as a potential juror.
When a person’s name or number is drawn from the ballot box they have to stand so they can be identified.
Having seen this process, what do you think about it?
C.13 Do you think the lawyers should be allowed to exclude people from the jury whose name or number was selected from the ballot box without having to give a reason?
Yes
No
Not sure
C.14 Do you think there should be any changes to the way juries are selected from the panel?
Yes
No
Not sure
If yes, what changes should be made?
END OF PART C. PLEASE GO TO PART D.
PART D: ADDITIONAL JURORS
D.1 If you were selected to be on a jury, were there more than 12 jurors (for a criminal trial) or more than 6 jurors (for a civil trial)?
Yes Go to D.2
No Go to Part E
N/A – I wasn’t selected to be on the jury Go to Part E
D.2 If more than 12 jurors (in criminal trials) or 6 jurors (in civil trials) remain at end of the trial when the jury retires to consider its verdict, a ballot is held to reduce the size of the jury to 12 or 6.
On the trial you served on, did any jurors have to be balloted off when the jury retired to consider its verdict?
Yes
No
D.3 Were you or other jurors balloted off?
I was balloted off Go to D.4
Other juror(s) were balloted off Go to D.5
D.4 How did you feel when you were balloted off?
D.5 How did you feel when a jury member was balloted off?
END OF PART D. PLEASE GO TO PART E.
PART E: ABOUT YOU
E.1 What is your gender?
Male
Female
E.2 What is your age?
18-29
30-39
40-49
50-59
60-69
70+
Thank you for completing this survey. If you would like updates on the jury empanelment project, please write your name and phone number or email address in the box below or visit the VLRC’s website: www.lawreform.vic.gov.au
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Defined as ‘an offence the penalty for which under a law in force in the Territory is prescribed to be life imprisonment with or without hard labour, and in respect of which the court imposing the sentence may not vary or mitigate the sentence and includes murder’: see Juries Act (NT) s 5(1).
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The challenges are made from a list of at least 20 potential jurors. The names remaining on the list following the challenges are drawn at random until six jurors are selected.
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The Jury Act 1995 (Qld) s 41(1)(b) provides that jurors be called by name. However, the Sherriff of Queensland’s office advised that the practice is for jurors to be called by name and number.
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Section 19(2)(b) of the Juries Act 1977 (NSW) also allows for particular kinds of trial to be prescribed by regulations as appropriate for additional jurors, but this has not occurred to date.
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