IT’S A LETTER that many people dread. A letter from the county registrar telling you to report to a court room for jury service.
First things first, why do you even have to go at all?
Well, we use a jury system in Ireland, where an accused man or woman is entitled to have their fate decided by a jury of his peers. That is, except in the case of the non-jury Special Criminal Court.
Says the Courts Service: “Jurors are an essential part of the administration of justice in our country. The courts could not function without their cooperation.”
Juries are used almost solely for criminal cases, not being needed for most civil cases.
Who can serve?
Any Irish citizen over the age of 18 and under the age of 70 is eligible to be selected, but certain occupations are exempt.
Those automatically excluded are, according to the Citizens Information Service:
“Those involved in any way with the administration of justice. This includes judges, former judges, the President, the Attorney General, the Director of Public Prosecutions, members of the Gardai and defence forces, prison officers, practising barristers, solicitors, court officers such as registrars and personnel in Government departments involved in matters of justice or the courts.”
Then, there are those who are excused from service. This includes doctors, nurses, midwives, dentists, vets and chemists. You are also excused if you can prove that your job is of vital importance and you are a member of staff of either House of the Oireachtas, a head of a government departments, other civil servants, chief executive officers and employees of local authorities, HSE staff and staff of harbour authorities, school teachers and university lecturers.
You are also excused if you are a full-time student, a pilot, a ship’s captain or if you’ve been on a jury in the last three years.
You’re also disqualified if you’ve been convicted of a serious offence, spent more than five years in prison or have spent three months in jail in the last ten years.
Can I get out of jury service?
You can’t just ‘get out’ of it. It is a civic duty and you have an obligation to attend. If you are called and you fall into one of the above categories, you simply respond to the mail and will be excused.
If you have travel plans, work commitments, exams or another valid reason not to attend, you can respond to the Courts Service, but be prepared to prove it.
Some people raise these issues at swearing in time and whether or not they are excused is not always guaranteed.
What if I don’t show up?
Not showing up is a bad idea. If you decide it’s a good idea, then prepare to be fined.
Under the Juries Act 1976, you can be fined up to €500 and the Courts Service is investigating ways to report those who don’t show up to the gardaí.
It is also an offence under the act to serve on a jury when disqualified, to lie to get out of jury service or to refuse to be sworn in.
How is it picked?
By sheer luck. Every name on the Electoral Register is run through a computer program which decides who gets summoned. So some people receive a number of summonses and others never receive any.
Once you get to court, you await to be called. If your name is called, you proceed to the court to be sworn in. Even at this stage, you may not make it to the jury box.
Both sides in a trial can challenge up to seven candidates. This can be done for any reason, but all the sides know is a person’s name and occupation. So, they could just not like the look of you. But, don’t take that personally.
Changes to the system
Of course, the system isn’t perfect. The Law Reform Commission last year expressed reservations about the makeup of juries. They believe jury panels should be based on the electoral registers for Dáil, local and European elections, which would allow not only Irish citizens but also EU citizens and other long-term residents.
They also suggest that a small payment be made to cover travel costs, a repeal of excusals for civil servants and that juries be given a specific warning not to access the internet during a trial.
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