One of the few rights guaranteed by the Australian Constitution
is the right to a trial by jury.
The right is contained in
section 80 of the Constitution, which provides that:
"The trial on indictment of any offence against any law
of the Commonwealth shall be by jury, and every such trial shall be
held in the State where the offence was committed, and if the
offence was not committed within any State the trial shall be held
at such place or places as the Parliament
prescribes."
A 'trial on indictment' is one that takes place in the
higher courts such as the District Court (or County Court in
Victoria) or Supreme Court, which is why jury trials are not
constitutionally required in the Local Court.
