Have you been called for jury duty?
You're not alone.
Last financial year, 328,135 Victorians were randomly selected for jury service — almost 150,000 more than in an average year.
The extra jurors are needed to help the courts work through a serious backlog of cases caused by a temporary pause on all jury trials during the pandemic.
So if you're one of many to receive a notice, here's what you can expect.
Why take part?
If you receive a jury notice, not responding may lead to a fine, a court appearance, and community service.
Associate Professor at Monash University Jacqui Horan says everyone enrolled to vote in Victoria is legally required to take part.
But beyond the legal requirement, Professor Horan says people should also take part because it can be an enriching experience.
"People tend to be really nervous, and that's quite normal — it's the fear of the unknown," she says.
"But once they've done jury duty, it's amazing how so many people are keen to do it again, because it was such an amazing experience.
"It's one of the few times in your life that you get to do somebody else's job for a few weeks. You get to be a judge, and it is absolutely fascinating."
First step: eligibility
After being randomly selected, people are sent a questionnaire to determine their eligibility.
People may be ineligible for a number of reasons: if you're a sole employer who can't take the time off work, if your occupation is directly involved in the justice system, if you've recently spent time in jail, or have a certain physical or mental disability.
If you're a Melburnian who lives more than 50 kilometres from the courts, or a regional Victorian further than 60km away, you are also exempt, and if you're over 70, you can apply for an exemption.
Juries Commissioner Paul Dore is in charge of sourcing people for the hundreds of cases requiring a jury each year.
Mr Dore says you can defer jury duty for a lot of reasons, such as a pre-planned holiday, a university exam, or a serious medical appointment.
"But you definitely cannot keep deferring," he says.
"People might say, 'I'm really busy at work and can't get out of it'. We say, 'Okay that's good, we'll defer you a couple of months, get your affairs in order'.
"Next time, we won't accept work as an excuse."
Summonsed to the court
Once your eligibility and suitable dates are determined, you'll receive a summons to go to court on a particular date, where you'll be considered for the jury.
At court, you'll hear the basic facts of a case, including the charges, what is alleged, and the people involved.
At this stage, you'll be excused from participating on the jury if you know anybody involved in the case, or any information about the case.
You may also be excused for personal reasons, such as if the case would cause you significant discomfort.
Mr Dore says this is particularly prominent in cases of sexual assault.
"It can be confronting," he says.
"So our message all along the way is if you feel like this could be too confronting, please put your hand up and let us know.
"We spend 100 per cent of our time telling people how important jury service is, and then we spend 100 per cent of our time telling people that if it's not right for you, then you shouldn't be here.
"Because the last thing you want as a taxpayer is to start a jury trial with somebody who clearly shouldn't be there."
Empanelling process
The jury will then be "empanelled" from the remaining eligible jurors.
A criminal trial will generally empanel 12 to 15 jurors, and a civil trial six to 8.
Numbers will be drawn from a box, and if your number is drawn, your occupation will be read aloud to the court.
At this stage, the legal team for the defence has the power to object to you being on the jury.
Mr Dore says the defence "almost always" use their maximum of three objections — all of which they do not have to justify.
Professor Horan says the objection system is "a bit old fashioned", with objections often made on broad characterisations of someone's occupation.
"In England, they've taken away all the objections, because you can't predict how a person is going to vote by what they look like, or what they do for a living."
Do I get paid?
Once selected, a trial can last for days, weeks or months, with the average trial lasting about two weeks.
In Victoria, employers are required to pay their employees the normal amount they would have been paid had they been at work for the duration of the trial.
In addition, jurors are also paid $40 per day by the courts for the first six days of the trial, and $80 per day beyond that.
If I skip it, will I be fined?
While there is a chance you may be fined for skipping jury service, Mr Dore says it is uncommon.
He says most understand the importance of the process, and after receiving follow-ups and reminders, end up attending court.
Mr Dore says just one person has been fined in the past five years, receiving a $2,000 fine and 80 hours of unpaid community work, after his case was heard in the Supreme Court.
Jurors better than 'problematic' alternative
Former Magistrate and County Court Judge Jane Patrick says while it may be daunting for those involved, juries were pivotal in bringing community expectations into the courtroom.
Ms Patrick says she presided over up to 100 criminal jury trials over her 14-year career in the County Court, and never once disagreed with a jury verdict.
"I think sometimes the jurors as a whole made better decisions than I would have on a certain set of facts," she says.
"Sometimes I hadn't expected [the verdict], but when I'd think about it, I understood how they came to that decision in the light of the evidence.
"I think there's a potential for judges to be thinking of the case through the prism of legal arguments, rather than the facts."
Victoria introduced judge-only trials in July 2020 due to the pandemic, and again passed laws in March reintroducing judge-only trials to help the state get through the backlog of cases.
Professor Horan warned judge-only trials were a "problematic" alternative, particularly in cases of sexual assault.
"You can imagine that judges are still dominated by old white men, who sometimes have different conceptions about sexual assault than the rest of the community," she says.
"So don't leave it to the lawyers. It's much better that we've got back to the jury trial. Even though it's requiring more and more jurors, it's better than leaving it to the judges."
