The trial
If you are not needed for another trial that day you will be told on which day you should next attend court. This might not necessarily be the following day, so ensure that you listen carefully to the instructions given. Sometimes there will be full or half days when you are not needed in court whilst serving as a juror. This is what you should do if this happens.
If you are not required at court and you:
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are able to return to work, you must do so (if it is practicable).
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are not able to return to work you must advise the court on the first day of service.
Failure to do so could affect the amount of loss of earnings the court can pay. Also if you are unable to return to work when not required at court, your employer should have completed the loss of earnings form informing the court.
Once all 12 jurors are in the jury box (also called the bench) the court clerk will call out each name and each member of the jury will be sworn in. They must either take an oath on a holy book of their choice or they must affirm. This is similar to swearing in, but without the holy book. Each juror is asked to read aloud from a card on which the juror’s oath or affirmation is printed. In doing so the juror swears or affirms that he or she will faithfully try the defendant and give a true verdict according to the evidence.
As a juror, you must tell a court official immediately if at any point during the trial you recognise the defendant, a witness, the judge, an advocate or solicitor. Failure to do this could result in an unfair trial. The judge will decide whether you should remain on the jury or not.
Once the trial begins you will be able to take notes, but you are not allowed to take your notes outside the courtroom or jury room. Jurors can only discuss the case when all jury members are present and in private. It is illegal to discuss the case with anyone who is not a member of your jury.
All criminal trials follow similar procedures. A defendant or number of defendants will have been accused of a crime. The prosecution advocate opens the case by explaining the accusations and setting out the facts they will seek to prove during the trial.
Witnesses for the prosecution will be called. They take an oath, or affirm, to tell the truth and are then questioned and cross-examined. Next, witnesses for the defence may be called. If they are, they too will take the oath, or affirm, and be questioned and cross-examined.
The judge may stop things at any time to prevent irrelevant questioning or argument, to protect witnesses and to clarify issues. As a juror, if you need to clarify any point about the evidence, you may ask a question by giving a note to the usher who will pass it to the judge.
When all the evidence has been given to the court, the prosecution and defence advocates may make their closing speeches. They will talk directly to the jury as they argue their cases. The judge will explain the law and summarise the facts of the case. Then he or she will clarify the duties of the jury before they go to the jury room to consider their verdict.