Jury Service

1.  You will be required to attend the Supreme Court on the date set out in the summons and on further dates for jury selection. These further dates will be notified to you.

2. You may make representations to the Registrar with a view to obtaining the withdrawal of the summons if for any reason you are no longer qualified for jury service or wish, or are entitled, to be excused.

3.  As required by section 19C(3) of the Supreme Court Act (“the Act”) the following is brought to your attention:

            Attendance and service (section 19E of the Act)

·    You must attend Court on the days directed by the summons and are liable to serve on any jury.

·    No more than – (a) one person from each household;  (b) 3 persons employed as registered nurses in Gibraltar;  (c) 3 persons employed as teachers in Gibraltar (including no more than 1 teacher from a particular school);  (d) 3 members of the City Fire Brigade; may be summoned to serve as a juror at the same time.

       Excusal for previous jury service (section 19G of the Act)

·    If you have served on a jury, or attended for jury selection, in the last two years or have been excused from attending by the court for a period which has not come to an end, you can be excused from attending in answer to this summons.

·   A person duly attending court for jury service in compliance with a summons is entitled on application to the Registrar to a certificate recording that he has so attended.

       Excusal for certain persons (section 19G of the Act) 

A person listed in Part II of Schedule 3 of the Act can be excused from jury service on application to the Registrar made at least one clear day before the day appointed for the sitting of the court.  (These persons are:  Ministers of religion, Members of Parliament; practising lawyers and notaries; former judges; and, in certain circumstances, members of HM forces.)

Discretionary excusal (section 19H of the Act)

If a person shows to the satisfaction of the Registrar or the court that there is good reason why he should be excused from attending pursuant to the summons, the Registrar or court, as the case may be, may excuse him from so attending.  An application to the Registrar, which can be made in writing, for excusal under this section must be at least one clear day before the date appointed for the sitting of the court.

Discretional deferral (section 19I of the Act)

If a person shows to the satisfaction of the Registrar that there is good reason why his attendance pursuant to the summons should be deferred, the Registrar may defer his attendance.

Payment for jury service (section 22E of the Act)

A person who serves as a juror, or attends court in order to answer to the summons, is entitled to receive payment for any loss of earnings which he would otherwise have made or received, in accordance with rates which have been determined by the Minister for Justice.

Offences and penalties (section 22F of the Act)

·  A person who, without reasonable cause, (a) when duly summoned fails to attend court (on the first or on any subsequent day on which he is required to attend by the summons or by the Registrar;  or (b) after attending pursuant to a summons, is not available when called on to serve as a juror, or is unfit for service by reason of drink or drugs, commits an offence and is liable on summary conviction to a fine at level 3 on the standard scale.

·     A person who:

(a) having been summoned makes, or causes or permits to be made on his behalf, any false representation to the Registrar with the intention of evading jury service;

(b) makes or causes to be made on behalf of another person who has been so summoned any false representation to that officer with the intention of enabling the other to evade jury service;

(c) when any question is put to him refuses without reasonable excuse to answer, or gives an answer which he knows to be false in a material particular, or recklessly gives an answer which is false in a material particular;

(d)  knowing that he is not qualified for jury service serves on a jury; or

(e)  knowing that he is disqualified from jury service serves on a jury, commits an offence and is liable in the case of an offence of serving on a jury when disqualified – to a fine at level 5 on the standard scale; or in any other case – to a fine at level 3 on the standard scale.

·      Persons are qualified to serve as a juror if:

(a)  He/she is not less than 18 nor more than 65 years of age (save for volunteers over the age of 65 who have not reached the age of 71 and have been added to the jury list); and

(b) He/she is eligible for registration as an elector under the Parliament Act or had been ordinarily resident in Gibraltar for a continuous period of at least 5 years before the jury list is drawn up.

·    Persons who are disqualified for jury service are the following:

(a)    Mentally disabled persons; or

(b)   A person who is on bail in criminal proceedings; or

(c)  A person who has at any time been sentenced in Gibraltar or elsewhere to:

i.          imprisonment for life, detention for life, or custody for life;

ii.         detention during Her Majesty’s pleasure;

iii.        a custodial sentence of 5 years or more; or

(d) A person who at any time in the previous 10 years has in Gibraltar or elsewhere served any part of a custodial sentence or has had passed on him a suspended custodial sentence.

Why have I been picked for jury service? All jurors are selected at random by computer from the Jury List. Some people are never called whilst others may be called more than once.

Do I have to serve? Jury service is a public duty. Unless you are disqualified, have the right to be excused, or have a valid reason for discretionary excusal, you must serve. Please refer to the Important Notice to Jurors enclosed with this summons for further details.

Can someone else take my place? No. A summons is issued only to the person named on it and cannot be transferred to anyone else. It is a criminal offence to impersonate a juror.

Up to what age is a person required to attend for jury service? Persons aged between 18 and 65 are required to attend.

What if I am currently living away from Gibraltar? You must notify the Registry in writing, by email or by letter, confirming your current address. Proof of address, such as a recent utility bill, must be provided.

What if I am going to be on holiday on the date I am summoned to attend? You must provide the Registry with proof of your travel arrangements, such as flight or accommodation bookings. Your attendance may then be deferred to another date.

What if I am on maternity leave? You must attend court and explain your personal circumstances to the judge directly, including for example whether you are breastfeeding or are the primary carer for your child.

What if I have a medical appointment on the date I am summoned to attend? You must provide proof of the appointment to the Registry. Your attendance may then be deferred to another date.

Can my jury service be deferred more than once? No. Regardless of the reason, jury service may only be deferred once. If your attendance has already been deferred to a new date, you must attend on that date. No further deferral can be granted.

What if I have a medical condition that renders me incapable of serving as a juror? A doctor's certificate must be provided to the Registry. The Registrar will then decide whether your attendance is to be excused or whether you must attend court in answer to the summons.

I have a disability or specific need. Can reasonable adjustments be made to support me during jury service? Yes. If you have a disability or specific need, you are encouraged to inform the Registry as soon as you receive your summons so that any reasonable adjustments that are practicable and permissible by law can be considered. Each case is considered individually. You may write to the Registrar at the address on your summons covering letter or attend the Registry counter, where BSL communication services and hearing loops are available. Please note that some adjustments may not be possible due to legal requirements governing the conduct of jury service. Where this is the case, the Registry will explain the position to you.

I am a full-time student studying outside Gibraltar. Can I be excused from jury service? You may apply to be excused. You should contact your educational institution and request a letter confirming that you are a full-time student there attaching a term timetable. Once obtained, that letter must be forwarded to the Registry at the Supreme Court. Your application will be considered upon receipt.

What if I am the full-time carer of my children or elderly parents? You must attend court in answer to the summons and explain your personal circumstances to the judge directly.

What if I have insufficient knowledge of the English language? You can contact the Registry for an appointment to be assessed before the date summoned. If not, you must attend court, where enquiries will be made as to your knowledge of English. A person may not serve on a jury unless they have an adequate knowledge of English sufficient to perform the duties of a juror. 

What if I am employed and there is a shortage of staff at my place of work? You must attend court and explain your circumstances to the judge in person. A letter from your employer confirming the position at your workplace will be required.

I have a previous conviction and have served a period of imprisonment. Can I serve on a jury? Depending on the nature and length of any sentence you have received, you may be disqualified from jury service. You should contact the Registry immediately so that your eligibility can be assessed.

I am currently on bail. Can I serve on a jury? No. A person who is currently on bail in criminal proceedings is disqualified from serving on a jury. You must contact the Registry immediately.

By serving on this jury you are fulfilling a very important PUBLIC SERVICE. This means you have some important LEGAL RESPONSIBILITIES.

As a juror you have taken a LEGAL OATH or AFFIRMATION to try the defendant based ONLY on the evidence you hear in court. This means the FAIRNESS of the trial depends on you following a few very IMPORTANT LEGAL RULES. These rules are explained to you in this Notice.

You need to READ these rules, and make sure you UNDERSTAND and FOLLOW these rules at all times.

What Would Happen If You or Any Juror Did Not Follow These Rules?

If you do not follow the rules in this Notice, you may be in CONTEMPT OF COURT and committing a CRIMINAL OFFENCE. This is because these rules about what you can and cannot do as a juror are ORDERS OF THE COURT and also part of the CRIMINAL LAW. You can be prosecuted for breaking these rules, and if you are found guilty the maximum sentence is two years in PRISON, a FINE or both.

The Rules

Looking for Information About Your Case

It is ILLEGAL for you to LOOK for any information at all about your case on the INTERNET or ANYWHERE ELSE during the trial.

This means you CANNOT LOOK for any information about:

• Any PERSON involved in the case. This means any DEFENDANT, WITNESS or anyone associated with the case including the JUDGE and LEGAL TEAMS.
• The CRIME or CRIME SCENE.
• The LAW and LEGAL TERMS used in the case.
• COURT PROCEDURES.

It is also ILLEGAL for you to ask ANYONE else to LOOK FOR YOU.

News Stories About Your Case

If you see or hear any stories about your case in the NEWS you should NOT PAY ANY ATTENTION to them.

All the information you will need to decide the case will be given to the jury in the EVIDENCE you hear IN COURT and the instructions on the LAW that the JUDGE GIVES to the jury.

Discussing the Case: Two Rules

There are 2 RULES every juror must follow about discussing their case. One rule tells you what you can discuss about the case WHILE THE TRIAL IS GOING ON. The other rule tells you what you can discuss about the case AFTER THE TRIAL IS OVER.

Rule 1: During the Trial

This is from the moment you take the juror oath until the judge finally discharges you from serving on the jury at the end of the trial.

During the trial you can ONLY DISCUSS the case with the other JURORS on your jury and only when you are ALL TOGETHER and there is no risk of you being overheard.

This means that during the trial you CANNOT DISCUSS the case with FAMILY, FRIENDS or ANYONE else. Discussing the case means writing or speaking about the case in person or on any SOCIAL NETWORKING SITES such as Facebook or Twitter or on blogs and chat rooms.

Rule 2: When the Trial is Over

Once the trial is over and you are no longer serving on the jury, you CAN DISCUSS the case with anyone. But there is ONE EXCEPTION.

Even after the trial is over, you MUST NOT DISCUSS what was said or done by you or any other member of the jury while the jury was in the DELIBERATING ROOM trying to reach a verdict, unless it is for the purpose of an official investigation into the conduct of any juror.

What If Someone Tries to Speak to Me About the Case During the Trial?

It is ILLEGAL for anyone who is not on your jury to TRY TO SPEAK WITH YOU during the trial about the case or try to influence you in any way about your decision in the case. If this should ever happen it is very important that you TELL the COURT IMMEDIATELY. If it happens when you are not at court you should CALL THE POLICE.

Collective Responsibility of Your Jury

ALL MEMBERS OF THE JURY must follow these rules. The jury MUST ACT AS A GROUP to make sure that everyone on the jury follows the oath you have each made.

What Do I Do If I Think Any of These Rules Have Not Been Followed?

If you think that any of these rules have not been followed during the trial it is extremely important that you TELL THE COURT about this IMMEDIATELY, but do not discuss it with your fellow jurors or anyone else.

To tell the Court, you can speak with your BAILIFF or COURT CLERK, or you can write a note to the JUDGE and give it to the bailiff.

Why Do I Need to Follow These Rules?

It is your DUTY to REPORT any BREACHES of these rules by anyone, including any juror. This is necessary to ensure the trial is FAIR.

If every juror does not follow these rules the TRIAL may be STOPPED, the jury dismissed and the trial will have to start again with a new jury. This will cause PROBLEMS for everyone involved in the case and will waste everyone's time.

Help and Guidance for You at Any Time

If you have any concerns about what to do as a juror at any time you can always SPEAK WITH THE BAILIFF or SEND A NOTE TO THE JUDGE.

Court Staff and the Judge are there to help you carry out your important role as a juror properly.

What If I Feel Upset About My Experience as a Juror After the Trial?

When the trial is over, if you feel UPSET about anything to do with your case or if you just want to TALK about how you felt being a juror, HELP is available. Your GP can help you find counselling services. You can also talk to GIBSAMS about whatever is bothering you, no matter how small it may be. You can contact them for free everyday between the hours of 6pm and 11pm on 116 123, via live chat through www.gibsams.gi or via WhatsApp on 56003612. To arrange an in-person appointment, please call 56020927.