Jury Duty - Sydney

[beachside]

Hi all

Anyone with legal knowledge, or of the court system?

A friend of mine received an invite to participate in a 12 week criminal case. He appreciated the invite and would be willing to attend - BUT 12 WEEKS!!!

The invite says that if he has difficulty serving this length of time, to discuss with officer in charge when he attends. A shorter trial may be negotiated. (Can he really have a say in the length of this persons case!!!!)

But seriously, does anyone have knowledge on the best reasons for being excused from a case lasting so long. He is in between jobs at the moment so this would impact on him attending interviews or being offered a job - although no one would reject him because he could not actually start the job for up to 12 weeks as employers must allow staff to attend!!! Yeah, right!

However, he is actually looking to buy a reno to do up, hopefully within the period of the trial. Affectively this is self employed, so this would impact on his ability to travel to inspect possible properties, and renovate, not to mention how he may be disadvantaged in this time if the market moves or he misses out on opportunities. If he was to find a suitable property, he would have to sit on it for quite a while before he could start renovating, therefore incuring additional holding costs. (Assuming vacant possesion, no delayed settlement etc)

Keeping to the issue of a reason for not being being able to serve 12 weeks (purpose of post is not to discuss IP's), anyone one with hands on experience in this area who can suggest the best reason to give?

Obviously there are tactics for appearing undesirable and increasing the chance of being challenged, but you never can tell what the lawyers tactics are and who they want on the jury. I figure there are 2 types of cases that may go for 12 weeks in a criminal court, one of them particularly does not appeal!!

 

[pennyk]

on the back of the jury duty form is a stat dec that needs to be signed and returned giving reasons why you can't participate.

There are some where you will automatically get off - having preschool aged children, being sick etc etc.

I have managed to get off one through having a seminar that I needed to run during that time.

But to be honest, I doubt that your friend will get off with those excuses, though he certainly should try. I would think that trying to get a job would be considered more favourably than looking for renovation properties. I received 3 or 4 summons before I finally got stuck with fulfilling my duty, so maybe they give one or two freebie "get off jury duty cards"!!

If the letter isn't successful, there is still an opportunity when you go in for duty to appeal to be let off the case, and of course there is also a chance he won't be chosen on the jury.

Generally, they over-estimate the time the trial will take. I think we were told ours would take 2 weeks and it was over and done in about 3 or 4 days. It would have been faster, but we had trouble reaching a verdict.

But it is an interesting experience, and certainly way different from the TV shows!! There was not one "Objection, your honour" in the whole trial I sat through!!

Pen

 

[wish-ga]

I did jury duty a few years ago. Your summons says the type/duration of the trial but if you turn up on the day & ask you may be able to get moved to a shorter one.

I had health issues and was put on a shorter trial. [although I wasn't looking to be released from the obligation altogether]

 

[geoffw]

I was shortlisted on for jury duty but the ballot skipped over me.

I was working in law enforcement anyway- that can be sufficient reason to plead off (you are not unbiased).

Perhaps cross dressing is an option?

 

[Alan H]

I got sent the letter a while back for a Supreme Court one. I think the estimated length of trial was 4 weeks.

You ring the number the night before you're due to go and they tell you whether you're still required. The first night they said no, not now, ring again next week. Next week they said no, not now but ring again next week. The third week.......yep....you guessed it!! And for good measure.......yep.......same again in week four!!! Finally.....it must have been week five by now........they said you're excused all together.

I had a number of things to do in that period and it meant for a month, my life was literally put on hold.

 

[Jakk]

I'm jealous of all you people, I wish they'd ask me too.
I'd feel sorta important sitting there having both the proscecution and defense teams trying to convince me of the merits of their evidence.

I NEVER get to do any of the fun stuff!

regards

 

[asy]

Me either Jakk...

asy

 

[geoffw]

I'm jealous of all you people, I wish they'd ask me too.
I'd feel sorta important sitting there having both the proscecution and defense teams trying to convince me of the merits of their evidence.

You sound Jakked off.

I was also called when I was at uni, which would have been a lark. But it was sent to my home address, then forwarded to my uni address- but jury notices at that time were never forwarded.

 

[carumble]

My husband has been called 5 or 6 times for jury duty in the lower level courts and he is only in his 30's....I have never been called. Now its a running joke in our family...

 

[pennyk]

Jakk,

I don't think you are missing out on too much...it certainly wasn't much fun!


In the case I was on, the evidence was very confusing. You got the feeling there was more out there, but it hadn't been allowed into court, so we kind of got half the story. listening to evidence was very tedious and not that interesting.

It was interested watching peoples reactions on the jury though. One minute, they'd be talking about how clever and devious this guy was, and the next, how stupid he was. Initally, there were about 5 people saying guilty, 1 saying guilty and the rest of us unsure. Over a period of a couple of days we went over all the evidence, trying to find something to pin it on him. but there just wasnt enough evidence. Finally, when i asked for the judge to restate his instructions to us (which was unless there is no other plausible explanation, you need to find him not guilty), we found him not guilty. then I had several of teh other jurors abuse me for not being prepared to listen to anyone else, despite the fact that they had agreed to not guilty and that I hadn't said i felt not guilty until the last day of deliberation!!! I'm pretty sure he was guilty, but we just hadn't been given the evidence to prove it.

So, i'm not going to be rushing back onto a jury again! I think I may actually be exempt now from duty - at least for a few years!!

Pen

 

[luckyone]

Well, I've got out of jury duty twice. The first time was because they wanted me to go in over my uni exams, the second time was because the case ran over my first day at my first "real" job out of uni. Got out both times, no questions asked.

Would have actually liked to have gone to the first one, it was only supposed to run for 2 weeks and was a robbery. The 2nd one was for murder, wasn't too keen on that one!

 

[beachside]

Thanks everyone for your comments.

My friend has actually been called up 3 time before, but not for several years. Twice he was excused, the third time he made it to selection but when asked to swear on the bible there was not one for him. Someone handed one to him and as he fumbled with it to hold it right way up he was excused (remember the "fumble" - don't want people like that!!)

My friend has no problem with a short trial as the experience would be interesting, although would prefer white collar crime to something more gruesome or involving people you would not want to meet in a dark street.

Still interested in hearing from anyone in the legal system, otherwise my friend will attend and ask for a shorter trail for employment reasons.

 

[Ali G]

I've been asked a few times but it has always fallen within the academic year and I haven't been able to take time off from my studies. I think each time this happens they put me on a 'recall' list for one or two years later, and I get the same letter in the mail again, and then send a letter back with the same reason for why I can't attend.

A friend of mine was called up about 3 years ago and simply never responded to the letter because they didn't want to go and didn't have a 'good' excuse. They never received a call or another letter or anything! I'm not necessarily condoning this... I was just surprised at the lack of follow up.

 

[asdf]

If you've been asked, theres no choice and you have to turn up then plead your situation before the judge. If you're lucky, the judge may let you off on an acceptable excuse, or trial may not go ahead or it maybe all over in 2 weeks. Luck of the draw really. This was the previous process but am not sure if it still works - another trick is maybe turn up looking like a complete bum or the other extreme, looking like the full intellect. Prosecutions and defence teams like selecting who they think are ordinary mums and dads which they think they can easily present a convincing argument to. Good luck but hey, at least you get re-imbursed and you're doing something for society.

 

[geoffw]

at least you get re-imbursed and you're doing something for society.

Not a lot. From http://www.agd.nsw.gov.au/ots.nsf/pages/jury10

for less than 4 hours attendance and not selected on the first day NIL
for less than 4 hours and selected on the first day 39.50
for more than 4 hours on the first day 79.20
2nd to 5th day 79.20
6th to 10th day 92.00
11th day and subsequent days 107.40

Even a sandwich artist over 21 earns more than that.

 

[Les]

Even a sandwich artist over 21 earns more than that.

You mean like a toasted sandwich that looks like the Virgin Mary???? If not, WHAT is a "sandwich artist"

Regards,

 

[geoffw]

You mean like a toasted sandwich that looks like the Virgin Mary???? If not, WHAT is a "sandwich artist"

Les

That's what they call the people behind the counter in a Subway. It's one of those job names which tries to make it sound as if it's a lot better than it really is.

 

[Ace in the Hole]

Bumping this almost 10 year old thread.

Any tips on getting excused, one of our employees called up for a 4 week trial.
Being a small biz, we heavily rely on our few employees to operate.
It seems quite difficult to get excused without specific medical or other pre-determined reason.

How do other small businesses handle these situations?

 

[Corey Batt]

Bumping this almost 10 year old thread.

Any tips on getting excused, one of our employees called up for a 4 week trial.
Being a small biz, we heavily rely on our few employees to operate.
It seems quite difficult to get excused without specific medical or other pre-determined reason.

How do other small businesses handle these situations?

 

[serendip]

Bumping this almost 10 year old thread.

Any tips on getting excused, one of our employees called up for a 4 week trial.
Being a small biz, we heavily rely on our few employees to operate.
It seems quite difficult to get excused without specific medical or other pre-determined reason.

How do other small businesses handle these situations?

You can write a letter explaining why that particular person is essential to the business. We did manage to get one exemption, but generally it is an exemption for that time rather than them being let off the hook entirely. 2nd time we tried for a different staff member we were not successful.

Often, even if you are successful, the person will be called again in a few months until they actually go.