What is a Juror?
When an accused charged with a serious criminal offence chooses trial by jury, a Juror is someone selected to form part of a group of persons tasked with hearing evidence and determining whether that accused is guilty or not guilty of the crime.
For capital offences such as murder where the penalty is death, twelve (12) persons are selected to serve on the jury panel. For non-capital offences such as sexual offences and trafficking in dangerous drugs, nine (9) persons are selected to serve. Provision is also made for the selection of alternate Jurors in the event that it becomes necessary for one or more Jurors to be discharged during the trial.
Can I be selected as a Juror?
The Jury Act Chap 6:53 of Trinidad and Tobago which can be accessed online, provides useful and extensive information regarding jury service. Persons above the age of eighteen (18) years and under the age of seventy (70) years can selected to serve as a juror. Such persons must also be able to read, write and understand spoken English Language and be either born in Trinidad and Tobago or a resident in this country for two years or more.
On the other hand, persons who fall in the category listed under Section 5 of the Jury Act are disqualified from serving as Jurors and includes those who are deaf, blind, of unsound mind, is bankrupt or have been convicted of certain types of offences.
Are there persons that are exempt from Jury Service?
Some categories of persons exempt from Jury service include members of Parliament, Judicial officers, Ministers of Religion, members of the Medical Board in actual practice and members of the Police Service, Fire Service and the Defence Force. You can also check to see if you are exempted under the other categories listed in Section 7 of the Jury Act.
Additionally, a person over the age of sixty-five (65) or the spouse of a Judge, Magistrate, Justice of the Peace or Attorney-at-law or his clerk shall be excused from Jury service if he/she so wishes.
How is the List of Eligible persons prepared?
The Chief Election Officer requires the Registration Officer to make a list of the names of all persons residing in his registration area who are qualified to serve as Jurors. The power of the Elections and Boundaries Commission also include serving a notice on employers requiring them to submit the names of all persons in his employment who are qualified to serve as Jurors.
How would I be notified that I am required to do jury service?
You would be served with a summons at least three days before the date you are required to attend, informing you that you must come to court on specific date and time for jury duty. Upon attending court, you would only be required to actually sit as a juror in a trial if your name is randomly pulled and selected from the list of persons summoned.
What if I’m a no show?
The penalty for a person who fails to show up to court when he/she has been summoned is a fine and failure to pay that fine can result in your imprisonment.
I would like to serve, but I can’t do it right now. What are my options?
A person summoned for jury service can apply to be exempted or have their jury duties deferred to a later time. This application should be made in writing with supporting documents. For example, if the application is made for medical reasons, a medical report should be attached, while a valid ticket or travel itinerary should accompany applications on the ground of travel out of the jurisdiction.
My Employer does not want to pay me or give me the time off and I fear I may lose my job? What do I do?
An employee should not be dismissed, threatened with job loss, victimized or treated adversely in any other way for serving as a juror and if this occurs it should be brought to the attention of the Presiding Judge. An employer who is guilty of such actions can be fined or imprisoned and may also be ordered to reimburse the employee any lost wages and/or to reinstate the person’s job.
How long does Jury Duty last?
Once selected as a Juror, you would be required to serve until you are discharged upon giving the verdict and the trial is completed. A rough estimate of the time that the trial is expected to last is usually given by the Court at the start of the matter. If you have served in a lengthy or difficult trial, a Judge may, after the completion of that trial, exempt you from further service for a period not exceeding four years.
Would I receive payment for my Jury service?
Jurors are paid travelling and subsistence allowances and also receive lunches during their jury service. The law also prescribes that they may be paid such compensation for loss of earnings which they would otherwise have made had it not been for their attendance at court, subject to prescribed conditions.
Submitted by:
Delicia Helwig-Robertson
Public Defender II Senior
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
