Jury Trial Matters

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FAQ

Jury Trials FAQs

What is a jury trial?

A jury trial is a legal proceeding where a group of 12 citizens (the jury) listen to evidence and determines whether the accused is guilty or not guilty in criminal cases.

When is a jury trial required?

In Victoria, serious criminal offences such as indictable offences typically require a jury trial, while less serious offences are usually heard by a magistrate alone.

Can I choose to have a jury trial?

In some cases, the accused has the right to elect a jury trial, but for many serious charges, a jury trial is mandatory.

How is a jury selected?

Jurors are randomly selected from the electoral roll. Both prosecution and defence can challenge potential jurors for cause or through limited peremptory challenges.

What happens during a jury trial?

The jury hears evidence presented by both the prosecution and defence, receives instructions from the judge, and then deliberates to reach a verdict.

How long does a jury trial last?

Trial length varies depending on the complexity of the case, number of witnesses, and evidence presented, ranging from a few days to several weeks or months.

Can the jury’s verdict be challenged?

Verdicts are generally final, but appeals may be made on grounds such as legal error or jury misconduct.

What role does my lawyer play in a jury trial?

Your lawyer presents evidence, questions witnesses, makes legal submissions, and advises you throughout the process to secure the best possible outcome.

Can a jury trial result in a hung jury?

Yes. If jurors cannot reach a unanimous or majority verdict, the judge may declare a mistrial, leading to a possible retrial.

Do I need a specialised lawyer for a jury trial?

Yes. Jury trials are complex and require experienced criminal lawyers skilled in courtroom advocacy and jury management.