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. What is it to be a juror?
A. A juror is an important person. He performs a most important civic duty on behalf of the Nation. He is there to try one or more of his peers. Without him, criminal trials at assizes cannot proceed.

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 come back 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. It is your duty to come to court and to be on time. 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.

Q. Where do I go when I arrive at the Court Building?
A. First read your summons carefully to see if you are summoned to Port-of-Spain, San Fernando or Tobago. In Port-of-Spain and San Fernando there will be many Courts in session. Some will be Civil Courts; some will be Matrimonial Courts; and some will be Criminal Courts. There will also be several Criminal Courts in session. You must 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 that Court.

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:
1. The Clerk of -the Court will call the cases on the list. Some may be adjourned and one usually begins;

2. 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;

3. How is a jury Empanelled?
Each juror has a number and a corresponding number is engraved on a disc. These discs are placed in a box by the proper officer of the Court, who will pull one disc 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 sent.

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. When you have been selected, you may be challenged by either the prosecution or the defence. 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.

Each party (i.e., prosecution and each accused) is allowed three (3) pre-emptory challenges (i.e., a challenge without giving a reason). 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:
1. 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.

2. The Attorney for the prosecution makes an opening speech and outlines the case for the State.

3. The prosecution calls witnesses some of whom may produce documents and other exhibits. Each witness may be cross-examined by the Attorney for the defence and reexamined by the prosecution.

4. When the prosecution closes its case, the defence 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.

5. 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.

6. The defence may call witnesses who may be cross-examined by the prosecution and re-examined by the defence.

7. Addresses. Both sides may address the jury after all the evidence has been presented.

8. 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.

9. 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.

10. 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.

11. 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).

12. 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)