1.3 - Selecting a Foreperson[1]
1.3.1 - Bench Notes
1. It is necessary to choose a foreperson to communicate with the judge and to announce the verdict. Other than serving these roles, the foreperson has no higher status or different function than the other jurors (Ng v R (2001) 207 CLR 278 per Kirby J).
2. Depending on the nature of the case, consideration should be given to delaying the appointment of the foreperson until the jurors have had time to become acquainted. Allowing the jurors to appoint the foreperson within a reasonable time after empanelment – rather than always requiring this to be done at the outset of the trial – will facilitate the appointment of the most appropriate person.
3. The jury may change the foreperson during the course of the trial. The process of selection and change is private to the jury. The reasons should remain unknown to the judge, the parties and the community (Ng v R (2001) 207 CLR 278 per Kirby J; R v Lonsdale [1915] VLR 269).
4. If more than 12 jurors have been empanelled and remain at the time at which the jury is required consider its verdict, and the foreperson is selected in the ballot to reduce the number of jurors to 12, that selection is to be disregarded and the foreperson is to remain on the jury (Juries Act 2000 s48(2)).
1.3.2 - Charge
Selecting a Foreperson
My associate is about to ask you to select a foreperson.
The foreperson will speak on your behalf. He or she will be the person who asks me any questions you may have, and who tells me anything else that you want to say. At the end of the trial, it is the foreperson who will deliver your verdict.
Other than that, the foreperson is no different from any other juror. You are all equal judges of the facts in the case, and are all entitled to have your opinions considered equally. Just because a person is appointed as a spokesperson does not mean that his or her opinions about the case count more than those of anyone else, or should be given any greater respect.
Given the role played by the foreperson, the person you select should be someone who is not going to be shy about asking questions or interrupting proceedings. He or she should be a person who is willing to speak up when necessary, and who can communicate any questions or other matters to me.
Although the foreperson will ordinarily be the person who communicates with me, that does not prevent any of you from directly raising a matter with me if necessary. You also have the right to say if your position has been misstated in anything said here in the courtroom, by the foreperson or any other person.
1.3.3 - Legislation and Authorities
Selecting a Foreperson
Legislation
Juries Act 2000 s48 - Ballot where Additional Jurors on Jury
(1) If—
(a) in a criminal trial, more than 12 jurors; or
(b) in a civil trial, more than 6 jurors—
have been empanelled and remain at the time at which the jury is required to retire to consider its verdict, a ballot must be conducted by selecting the number of jurors necessary to reduce the jury to 12 or 6, as the case requires, before the jury retires to consider its verdict.
(2) If the foreperson is selected in the ballot, that selection is to be disregarded and the foreperson remains on the jury.
Authorities
· Role of foreperson: Ng v R (2001) 207 CLR 278.
· Changing foreperson: Ng v R (2001) 207 CLR 278; R v Lonsdale [1915] VLR 269.
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[1] This document was last updated on 14 November 2006.