In Australian criminal law, a jury’s responsibility is to assess the guilt or innocence of the accused based on the evidence provided, while adhering to the judge’s legal directions.

The jury system allows citizens over the age of 18 to engage in the legal system. According to the Australian Constitution, trials for indictable offences under Commonwealth law must be conducted before a jury. Consequently, juries are commonly used in serious federal and state criminal matters. In New South Wales, the jury system operates under the Jury Act 1977.

Juries are not involved in the sentencing process, as this responsibility lies with the judge. Juries are designed to reflect the community, bringing diverse viewpoints into the courtroom and ensuring the legal system aligns with societal values. After reviewing the evidence and receiving the judge’s guidance, jurors deliberate privately to reach a conclusion. The jury foreperson serves as the representative of the jury, responsible for announcing the verdict. A hung jury occurs when the jury cannot agree on a verdict, resulting in the case being retried with a new jury.

Jury Selection & Function

Jurors are randomly selected from the electoral roll and placed on a jury list. From this list, individuals may be summoned to court and potentially chosen to serve on a jury for a specific case. All eligible voters can be called for jury duty, subject to certain exclusions and exemptions. Their role is to carefully consider the evidence presented, listen to the arguments from both sides, and deliver a verdict of “guilty” or “not guilty.”

Judge-Alone Trials

Under section 132 of the Criminal Procedure Act 1986 (NSW), defendants facing indictable charges may apply for a judge-alone trial.

Judge-alone trials are permitted in jurisdictions such as New South Wales, Western Australia, Queensland, South Australia, and the ACT. This type of trial may be more appropriate in cases where the defendant’s public profile could compromise jury impartiality.

However, judge-alone trials are not permitted for Commonwealth offences, such as terrorism or drug importation. Furthermore, applications for such trials may be denied if it is believed that conducting the trial without a jury would jeopardise the fair administration of justice. The legal system must protect the rights of both the accused and the victim while also aligning with broader community expectations.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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