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ARTICLE · 27 APRIL 2022

Trial by jury vs trial by judge alone – what is the difference?

Statistics show defendants are more likely to be found not guilty by a judge than a jury.

AustraliaCriminal Law

A trial by jury, where the jurors are chosen at random, has a long history. Introduced in England a thousand years ago, its origins trace back to ancient Greece. As the British Empire grew in the 17th and 18th centuries, trial by jury spread throughout the world.

Today, trial by jury is the cornerstone of our justice system. A jury trial involves twelve people being picked at random from a large group of citizens to hear evidence in court. The jury then retires to deliberate in secrecy and determine the guilt or innocence of the accused.

While Commonwealth law requires unanimous verdicts, under the NSW Jury Act 1977, courts in NSW allow an 11 to 1 decision.

How are members of a jury selected?

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