Juror Information
Introduction
Jurors are an indispensable part of the administration of Justice in Trinidad & Tobago. Jurors are selected at random and are sworn to give a verdict on the basis of evidence given in a criminal court case.
Unlike voting which is a privilege of citizenship, jury service is the most important civic duty on behalf of the Nation. It's an obligation which for many people is a memorable and valuable experience. The law relies on juries to decide on facts which are often in dispute. Juries are needed for criminal trials only in this jurisdiction. Without them, criminal trials at assizes cannot proceed.
The task of the jury is to decide whether an accused person is guilty or not guilty of the offence for which he/she has been charged. The guilt of an accused person has to be proved to the high standard of proof beyond reasonable doubt.
Eligibility
Every citizen aged 18 - 65 years and whose name is on the Register of electors can be called for jury service:
Ineligible persons.
- Those involved in any way with the administration of justice. This includes judges, magistrates, former judges, the President, the Attorney General, the Director of Public Prosecutions, prison officers, police officers, fire officers, members of the defence forces, practicing attorneys, solicitors, court officers such as registrars, justices of the peace and personnel in government departments involved in matters of justice or the courts.
- Those who are suffering or have suffered from mental illness or mental disability and on account of that condition are resident in hospital or other similar institution or who regularly attend for treatment by a medical practitioner.
- Those who have insufficient capacity to read, or an enduring impairment such that it is not practicable for them to perform the duties of a juror.
- Nationals of Trinidad & Tobago who have not resided in Trinidad & Tobago for two years or more.
Disqualification.
The following persons are disqualified from jury service:
- Those who have been convicted or sentenced to imprisonment for any arrestable or indictable offence
- Any person who is bankrupt, or has entered into deed of arrangement with his creditors.
Those who are excused as of right.
The following persons may be excised as of right from jury service:
- Persons aged 65 and over.
- Spouses of judges, members of parliament, mayors and deputy mayors, magistrates and their clerks, justices of the peace, attorneys at law and their clerks, officers of the courts of justice and members of the police service and constables.
- Members of the House of Representatives, members of the Senate, Officers and servants of the Post Officer and Customs & Excise Department.
- Ministers of Religion, Mayors and Deputy Mayors, Pilots who are licensed under Section 5 of the Pilotage Act, members of the air crew of any licensed airline service.
- Those who provide important community service including practicing doctors, nurses, dentists, pharmacists, vets and schoolteachers.
- The following persons if it certified that their functions cannot be performed by another person or postponed; members of staff of either Parliament, Heads of Government Departments, other civil servants, chief executive officers and employees of local authorities, school teachers and university lecturers.
- Those who have served on a jury within the last three years or who have been excused by a judge at the conclusion of a previous period for a period that has not ended.
Payment
Persons summoned to appear as juror in the assizes jury Sessions shall be paid a subsistence allowance of $10 for every day he/she attends court. A Juror who uses public transportation to and from court sittings shall be reimbursed all costs reasonably and necessarily incurred. A juror who uses his/her private vehicle to travel to and from court sittings may in the discretion of the Registrar be paid allowances for the use of the vehicle as are normally paid to public officers under the Travelling Allowances Act.
Called for Jury Service
You have received a jury summons and have either not sought exemption, or have been refused exemption. If you are employed you should inform your employer immediately.
Q. When am I expected to serve and for how long?
A. Usually for a one month period. However, when you go to Court, you may or may not be selected to sit on a particular case. If you are selected, you will sit every work day for as long as that case goes on. If you are not selected, the Judge, referring to you as a waiting juror, will tell you when to return to Court. When the trial on which you are sitting comes to an end, the Judge will tell you when to return.
Q. What happens if I don't come or I am late?
A. Your jury summons requests you to attend for jury service on the date and at the time indicated. If you are not there when your name is called, you are liable to be fined by the Judge and in default of payment ordered by him to serve a term of imprisonment.
At the Courthouse
Q. Where do I go when I arrive at the Court Building?
A. Read your summons carefully paying particular attention to the location you are summoned to; Port-of-Spain, San Fernando or Tobago. There will be both Criminal and Civil Courts in session. You must therefore check with the Criminal Registry to find out to which Criminal Court you have been assigned. A jurors' list for each Court is also posted outside the outside the Criminal Registry indicating to which court you are assigned.
Q. What happens when I go to the Criminal Courtroom to which I have been assigned?
A. First you wait to hear your name called by the Clerk of the Court in the jurors' roll call. You answer when you hear your name. If you do not hear your name, indicate when the Clerk of the Court asks for those who did not hear their names. You may be in the wrong Courtroom. If the Clerk of the Court does not ask, or you have any other problems, check with the Marshal's Assistant. DO NOT SIMPLY LEAVE.
Q. How do I know if I have been selected to sit on a particular case?
A. The procedure is as follows:
- The Clerk of the Court will call the cases on the list. Some may be adjourned and one usually begins;
- At the start of the trial the Clerk of the Court will read the charge to the accused, referring to the accused as Prisoner at the Bar, and will then ask the accused if he/she is guilty or not guilty. If the accused pleads "Not Guilty", a jury will be empanelled (selected) and the trial will begin;
- How is a jury Empanelled?
Each juror has a number and a corresponding number is engraved on a disc/counter. These discs/counters are placed in a box by the proper officer of the Court, who will pull one disc/counter at a time and call the name of the juror, who bears that number. As your name is called, you go to the jury box and occupy the first seat in the box or the next available seat as the case may be. You do not skip a seat.
The Judge's usher will hand you the juror's oath and you will stand, raise your right hand and read the oath aloud, or instead, you may affirm.
Number of Jurors
The number of jurors to be selected in a capital matter that is, murder and treason is 12 while for non capital matters such as rape and possession the number of jurors to be selected is 9.
The judge however has the discretion to selected alternate jurors for any matter and the number to be selected is at the discretion of the Judge.
Challenges
After you have been selected; you may be challenged by either the prosecution or the defence attorney. You may not be given a reason but you must step down and return to your seat in the public gallery of the Courtroom. You must not leave. You should not let this offend you, as it is not a personal reflection on you. Challenges are allowed to ensure that there is absolute fairness in the proceedings.
Each party (i.e., prosecution and each accused) is allowed three (3) pre-emptory challenges that is a challenge without giving a reason. This is sometimes done even before you take the oath. There may also be a challenge for cause (i.e., for some definite reason given and proved). After all the jurors have been sworn (twelve for a capital charge and nine for any other charge), you will be asked by the Clerk of the Court to select a Foreman (male or female) who will act as a spokesperson for the other members. The Foreman will, on election, exchange places with the person sitting in the first seat.
Q. How do we elect a Foreman? What are his/her duties?
A. The Foreman will be the person who will speak on behalf of any juror, who may wish to ask a question of the Judge or Marshal, and will announce the verdict in Court. He/She is the chairman of the jury and will ensure that the discussions in the jury room are orderly and sensible and that full and fair consideration is given to the case. Each juror should be allowed to contribute to the deliberations. The Foreman, therefore, should be someone who is capable of performing these tasks. You must select him/her quickly by talking among yourselves in the jury box. When you have chosen the Foreman, you are now fully empanelled and have taken a solemn oath to "well and truly try the several issues joined between the State and the prisoner at the bar and a true verdict give according to the evidence".
The trial then proceeds as follows:
- The prisoner is put in the charge of the jury i.e., the Indictment is read out to the jury and you are called upon to "harken to the charge" and "harken to the evidence". This means to listen carefully to the charge and to the evidence.
- The Attorney for the prosecution makes an opening speech and outlines the case for the State.
- The prosecution calls witnesses some of whom may produce documents and other exhibits. Each witness may be cross-examined by the Attorney for the defense and reexamined by the prosecution.
- During the trial, legal issues may arise which will have to be done in the absence of the jury. When this happens the jury is taken to the jury room in the care of the Marshal's Assistant. Sometimes these legal arguments can take day, in this case the judge will tell you when to return advising that you are not to discuss the matter with anyone.
- When the prosecution closes its case, the defense may submit that there is no case for the defence to answer. The Judge, therefore, will have to decide whether this is so or not. If the Judge upholds this submission, he will direct the jury to return a "Not Guilty" verdict. If he does not uphold the submission or if no submission was made, the Judge calls on the defence to present it's case.
- The accused has a legal right either to remain in the Dock and say nothing or go into the Witness Box, give evidence on oath or affirmation and be subject to cross-examination by the prosecution.
- The defense may call witnesses who may be cross-examined by the prosecution and re-examined by the defense.
- Addresses. Both sides may address the jury after all the evidence has been presented.
- Summing Up. The Judge will sum up the case to the jury. He will review the evidence and he may express his view on any evidence. The jury may accept or reject the Judge's view. He will also tell the jury what the law is in relation to the particular case and guide them as to how they should apply the law to the facts as they see them in order to arrive at their verdict. The jury are bound to accept the Judge's directions on the law.
- After the Summing Up. When the Judge has completed the summing up, the Clerk -of the Court will ask the jury whether they have arrived at a verdict on which they all agree or whether they wish to retire and consider their verdict. If the jury wishes to retire, they will be placed in the care of the Marshal's Assistant, who will take an oath to keep them safe without meat or drink, except that which is ordered by a Judge, and to allow no one to speak to them except the Marshal or his Assistant and only to inquire if they have agreed on a verdict.
- Issues Clarified. Sometimes, while in deliberation, some of the jurors may want to have something clarified. In these circumstances, their Foreman will tell the Marshal's Assistant who will inform the Judge. The Judge would be very pleased to help by having the jurors brought back into Court and clarify the matter. After this the jury may retire again.
- Time to arrive at verdict. The jury will have three hours to arrive at a verdict on which they have all agreed. However, they may arrive at a verdict before the time is up. If so, they must inform the Marshal's Assistant that they are ready, without telling him or her what their verdict is. The jury may find that the time is up and that they have not arrived at a verdict on which they have all agreed. The Marshal's Assistant will knock on the door of the jury room and inform them that the time is up. The jury will then be brought back to the Courtroom where the Foreman will then indicate, in answer to the Clerk of the Court, that they have not so arrived at a verdict on which they have all agreed. Thereafter, the Judge will ask them if they think that any useful purpose will be served by their returning to the jury room for further deliberations. The Foreman will answer. Based on this answer, the Judge will act appropriately. In Capital cases e.g., Murder and Treason, the verdict of the jury must be unanimous (i.e., you must all agree).
- MAJORITY VERDICT. There can be no majority verdict in Capital cases. However, in Non-Capital cases the Judge may, at the expiration of three hours, accept a majority verdict.
Issued by the Chief Justice in association with the Judges of the High Court
(CRIMINAL DIVISION)