SUMMONS INFORMATION SHEET Comprehensive details can be found at www.dotag.wa.gov.au/juryduty Who is eligible to serve on a jury? People aged from 18 to 74 years, who are listed on the electoral roll in each jury district, may be selected for jury duty. However, there are rules that further define those people who are not eligible due to employment or office held or people defined as not qualified. See over the page for further details. What if my address differs to the one stated on the summons? If you have changed address and continue to reside within the metropolitan area you are required to: • notify the WA Electoral Commission of your change of residential and postal address details Telephone 13 63 06 or visit www.waec.wa.gov.au • advise court staff of your change of residential and postal address details when you attend for jury duty as stated on your summons. If you have changed address and moved districts (into or out of the metropolitan area) you must: • notify the WA Electoral Commission of your change of residential and postal address details Telephone 13 63 06 or visit www.waec.wa.gov.au • complete the statutory declaration stating your new residential and postal address details and return to the office of issue listed on the summons. On receipt of your statutory declaration we will notify you in writing if you are no longer required to attend as stated on your summons. If you are unsure of what to do please contact the office listed on your summons. Where do I go? YOU MUST GO TO THE PLACE SPECIFIED ON THE FRONT OF THE SUMMONS UNDER THE HEADING “ATTENDANCE DETAILS”. You may be fined if you do not obey your summons and if unpaid your motor drivers or vehicle license can be suspended. Visit www.dotag.wa.gov.au/juryfines Perth District Court Location Map Regional court locations Regional courthouse maps are available from www.dotag.wa.gov.au/juryregions Parking Parking is your responsibility. If you are selected as a juror, you will not be able to return to your vehicle until dismissed by the judge. Therefore it is essential that you park in an area that you can leave your vehicle unattended for the day. For more information about parking visit www.dotag.wa.gov.au/juryparking What to wear? A neat, clean standard of dress and appropriate footwear is required in court. The air-conditioning is quite cool in some courtrooms, so you may wish to bring a jacket. Examples of inappropriate attire are; “Thongs, T-shirts, tank tops, shirts without a collar, non dress shorts, overalls, work boots, casual wear and torn dirty clothing of any kind.” Security Security provisions vary depending on the Court that you are summoned to attend. Some courts such as Perth and various regional Courts will require you to move through a security checkpoint. If you are carrying any unauthorised items, such as drugs or weapons, they will be detected at the checkpoint. Please present your summons and valid photo identification (eg drivers licence, passport or official government identification) on arrival. How are jurors selected on the day? If an accused person pleads ‘not guilty’, twelve or more jurors are chosen randomly depending on the length of the trial. A lawyer may challenge the selection of any juror. No reason will be given for the challenge so you should not be concerned if this happens to you. If you are not chosen on a particular day, you may be excused for that day and you are expected to return to work. The jury supervisor will advise you of the day, date and time you will be expected to return for jury service during the week. How long does jury duty last? Jury duty generally lasts from one to five days, but on occasion may run for several weeks. If you have any issues with carrying out jury duty for longer than a week then you should consider deferring to a more suitable time or contact the court immediately. On the day of jury duty the judge will advise you of how long the trial is expected to take. Courts usually sit on weekdays during normal business hours. Under normal circumstances, jurors are not required to stay overnight and are expected to provide their own lunch. Will I get paid for jury service? In accordance with the Juries Act your employer is required to continue to pay your earnings while you attend jury service including any shift or other allowances. Severe penalties can apply to an individual or corporation who prevents an employee from attending jury service. Employers may seek reimbursement for wages paid to employees whilst attending jury service by completing an application form. Self employed individuals may claim for lost personal income by completing an application form. Claims for lost income must be made within 6 months from the last date of jury duty. Further details about self employed and employer claims can be found at www.dotag.wa.gov.au/juryduty. Forms are provided to jurors on request or can be downloaded from www.dotag.wa.gov.au/juryforms. An attendance fee is provided to jurors who are not engaged in employment on the day(s) of jury service. To claim your fee(s) please complete your personal banking details in the space provided on the summons. A travel allowance will be paid to all jurors who attend jury service. The allowance reimburses you the equivalent return public transport costs from your place of residence. To claim your travel reimbursement please complete your personal banking details in the space provided on the summons. In regional areas where there is no public transport you can claim a reimbursement of kilometres travelled to the court. If you are concerned about your employment and the claim process, or you’re not sure if you are entitled to claim, or have any issues please contact the court before jury duty for appropriate advice. What if I can’t do jury duty on that day? If there is a reason you are unable to attend jury duty on the day summoned and you have not already deferred from a previous summons then you may apply to defer this summons. Deferring jury duty means that you will complete jury duty on the week you nominate and therefore you must make yourself available for this time. You may apply to defer your jury service if this summons is NOT a “New Deferred Summons”. If this summons has the words “New Deferred Summons” printed under the summons number on the front page then you are not able to defer a second time. The reason for this is you have already made a commitment to do jury duty by deferring to this current date and the legislation only permits one opportunity to defer. We understand that people have busy lives so the flexibility of a deferral will assist you to make the time to complete jury duty. A deferral is easy to do and is rarely refused. However once you have made that commitment you are expected to attend. You can apply to defer for reasons such as you; • • • • will face hardship as a result of your business or occupation have special or pressing commitments or have health issues are a student with important exams or practical work placement commitments your family or the general public would face undue hardship or serious inconvenience if you attended jury service The process is simple and requires you to complete the statutory declaration on the back of the summons stating your reason for deferral. You will also need to nominate a preferred date to do jury duty. The nominated date is very important and care must be taken when choosing this date to ensure that you can attend. A letter will be sent to you to confirm this date. Please contact us if you do not receive this letter within a couple of weeks after returning your summons. You will need to find ways to remind yourself of this new date and ensure you don’t make plans that will conflict with this date. You should also ensure that your employer is aware so that measures can be taken to allow you to complete your jury duty. If you are unsure as to the best date to nominate then you can nominate the maximum date allowed and then advise the court as soon as possible a better date when you have worked it out. You must not forget to do this as once the summons has been issued for the nominated deferred date then it cannot be changed. For the Perth region you should nominate a Monday. Perth District and Supreme courts have regular weekly trial activity, with a standard two week annual recess between Christmas and New Year as well as a two week mid year break. Please contact the issuing court for specific dates. Regional courts have less frequent trial activity, and therefore your deferred summons will be issued for the next available court sitting date after the date you nominated. Please contact the issuing court for guidance of these dates. Can I change my deferred date? If you have any concerns about the nominated date selected by you, please contact the issuing court immediately. You may be able to change the date if the new deferred summons has not yet been issued and is within the six months period. Changes to your nominated date must be provided in writing by you and cannot be made after the new summons has been issued. I have my deferred summons now and my circumstances haven’t changed or there are new issues? It is incumbent on everyone to review their personal position and do their best to complete jury duty. However if after deferring, your circumstances haven’t changed or there are new ones that will make it difficult to complete jury duty on the day you nominated, then contact the court immediately. The summoning officer will review your circumstances and can make a further assessment. The summoning officer will then advise what you need to do. What if I’m always busy at work? Being busy at work is not a reason to be excused from jury duty. Use the deferral option to commit to a better time and take appropriate steps to be ready for your jury duty. By making every effort to complete jury duty you are helping your community as well as helping yourself, as you may apply for an excusal from jury duty for up to 5 years after completing your service. Jury duty is an important part of the administration of justice and it is everyone’s responsibility to participate in this process. What if I run my own business? The same rules apply to everyone; however people running their own business often feel that they will lose income as a result of jury duty. Western Australia has a very generous loss of income provision and the aim is to ensure that the personal income you would ordinarily earn on a daily basis is reimbursed back to you so you are not out of pocket. As with any good business you must plan for periods where you cannot be at work such as illness, injury, leave, training, conferences etc. If you have any concerns you must communicate with the summoning officer as soon as possible. What if I am not eligible or not qualified? There are some people who are not eligible or not qualified to serve as a juror. Please refer to the list below and the instructions that follow. NOT ELIGIBLE You are not eligible if you have reached the age of 75. In accordance with Schedule 1 Division 1 you are not eligible to serve as a juror on a criminal or civil trial if you are: • Vice – regal and parliamentary officers - the Governor, Lieutenant-Governor or an administrator administering the government of the State or a deputy of the Governor, a member of Parliament of Western Australia, the Clerk or Deputy Clerk of the Legislative Council or Legislative Assembly, Clerk Assistant, Usher of the Black Rod, or Sergeant-at-Arms of the Parliament of Western Australia. • Judicial and court officers – A person who is or holds an appointment to act in an office of any of the following – a judge, auxiliary judge, commissioner, master or registrar of the Supreme Court or an associate to any such officer, a judge, auxiliary judge or registrar of District Court or an associate to any such officer, a judge of the Family Court of WA, a magistrate, registrar or judicial support officer of the Magistrates court, a judge, magistrate, registrar or judicial support officer of the Children’s Court or an associate to a judge of the Court, the State Coroner or Deputy State Coroner or a coroner appointed under the Coroners Act 1996, the President or a commissioner of the WA Industrial Relations Commission, appointed under the Industrial Relations Act 1979, the sheriff, a summoning officer. • Australian Legal practitioners - An Australian legal practitioner as defined by the Legal Profession Act 2008. In accordance with Schedule 1 Division 2 You are not eligible to serve as a juror on a criminal trial if you are: • Public officers – A person who is any of the following - an authorised officer as defined in the Corruption and Crime Commission Act 2003 section 184(1), the Parliamentary Inspector of the Corruption and Crime Commission, or an acting Parliamentary Inspector of the Corruption and Crime Commission, appointed under the Corruption and Crime Commission Act 2003, an officer of the Parliamentary Inspector, as defined in the Corruption and Crime Commission Act 2003 section 3(1). • WA Police - Commissioner of Police, a person appointed under the Police Act part 1, a special constable, an Aboriginal police liaison officer or a police auxiliary officer appointed under the Police Act part 3 or a police cadet employed by the Commissioner of Police. If you are not eligible, you must complete a detailed statutory declaration which is located on the back of the summons. NOT QUALIFIED You are not qualified to serve as a juror if you: • were imprisoned and the term exceeded two years • have been the subject of a sentence of imprisonment or been on parole in WA or elsewhere in the last five years • were convicted in WA in the last five years of two or more offences the statutory penalty for which is or includes imprisonment or three or more road traffic offences (excludes infringements paid prior to court) • are on bail or awaiting trial or sentencing • have been found guilty of an offence and detained in an institution for juvenile offenders in WA or elsewhere in the last five years • have been the subject of a probation or community order or an order having similar effect made by any court in the last five years • are an involuntary patient as defined by the Mental Health Act* • are a represented person of the Guardianship and Administration Act * • are a mentally impaired accused as defined by the Criminal Law Act * • are a person under the Criminal Law Act who is not mentally fit to stand trial * If you are not qualified, you must complete a detailed statutory declaration located on the back of the summons. If you are not qualified on the grounds of physical or mental disability, you must attach a medical certificate with the detailed statutory declaration. * A carer or guardian may complete the statutory declaration on behalf of a summoned person. EXCUSAL You may seek to be excused from jury duty if you: • fall under the Jury Exemption Act 1965 • were summoned and attended jury duty in the last five years in WA, subject to Court requirements • are a person with a physical or mental disability/impairment* • do not understand spoken or written English* • are a person who may not be indifferent between the parties in a trial • do not reside in the district concerned If you are seeking excusal on the grounds of physical or mental disability, you must attach a medical certificate to a detailed statutory declaration which is located on the back of the summons. * A friend or relative may complete the statutory declaration on behalf of a summoned person. Matters you must disclose if summoned • • • • • • • • If you have reached 75 years of age. If summoned for a civil trial, that you are listed in Schedule 1 Division 1 (see previous page) If summoned for a criminal trial, that you are listed in Schedule 1 (see previous page) If you are not qualified as listed above. If you are a person who is exempt under the Jury Exemption Act 1965 (Commonwealth). If you have a physical disability or mental impairment that may preclude you from serving effectively as a juror. If you do not understand spoken or written English, or speak English well enough to be capable of serving effectively as a juror. If you are not indifferent between the parties in a trial at which you may be liable to serve as a juror. Courtroom Protocols Mobile phones must be switched off, not on silent or vibrate mode. Sunglasses and hats must be removed. When a judge enters or departs a courtroom you must stand and bow. Important information While you are on jury duty you must not access the internet to research any aspect of jury service or the matters that you may be involved in if empanelled as a juror. Also do not update Facebook, Twitter or any other social networking services with your involvement and location of the court you are attending. The purpose for these restrictions is to protect you as a potential juror and to protect the integrity of the judicial process. Do not bring children to court with you. It is your responsibility to make arrangements for child care while doing jury service. If you require more time to consider your options in this regard you may seek to be deferred from this summons. This should assist you in making appropriate arrangements for child care for your deferred jury service. ON THE DAY OF JURY SERVICE IF FOR ANY REASON YOU ARE UNABLE TO ATTEND, PLEASE CONTACT THE ISSUING COURT FOR FURTHER INSTRUCTIONS. 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Kunjungi laman web untuk instruksi lebih lanjut. www.dotag.wa.gov.au/jurynes