How might the jury function in the future in Australia?

How might the jury function in the future in Australia?

The nature of a jury trial in criminal proceedings has evolved over time from jurors being exclusively drawn from within a class of all male property owners to the emergence of majority verdicts and the abandonment of jury unanimity. In some Australian jurisdictions, cases dealing with defendants who have a diagnosed mental condition are routinely referred to Mental Health Courts which comprise a judge assisted by one or two clinicians. In addition, there would appear to be growing support for an expansion of trials by judge alone. This article examines how the operation of the jury might alter in the future in Australia, particularly considering the rapid changes in technology, the prevalence of social media, the level of understanding by juries of judicial directions, and the prospect of greater interrogation in jury selection through a voir dire. Such an examination of the role of the jury is complicated by the legislated secrecy surrounding the deliberations and verdicts of juries, which increases the difficulty in assessing the accountability and effectiveness of the jury an historic legal institution that lies at the heart of the Australian criminal justice system.

This article was first published by Thomson Reuters in Journal of Judicial Administration and should be cited as Andrew Hemming & Kirstie Smith, How might the jury function in the future in Australia?, (2025) 34 JJA 3. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.