Deferring Jury Duty

Can I defer Jury Duty?

Jury duty is everyone's legal responsibility and requires the cooperation of employers, the Government and the community to ensure this vital part of the justice system functions correctly within our democracy.

Jurors may be able to defer their initial jury duty for up to six months to assist them address any serious inconvenience or hardship.

This flexibility reduces the strain placed on our jury system and ensures this important part of our justice system is shared with all members of the community. Therefore, a person summoned for jury duty can apply to postpone their jury service to a more suitable date. This is a process the juror must apply to do well in advance of the date they are initially summoned for jury duty.

You may apply for consideration to defer your jury service if you:

How do I apply for a deferral of jury service?

If you wish to defer your jury service, you will need to complete a statutory declaration form, located on the back of the summons. You must state your reason/s for deferral of jury service.

When applying to defer your jury service you are required to nominate your alternative earliest available attendance date, starting on a Monday. The date nominated must be within six months of the original date of summons.

It is important to remember:

If you have difficulties submitting your application within the set timeframe please contact the issuing court for guidance. Perth District and Supreme courts have regular weekly trial activity, with an annual recess between Christmas and New Year as well as a two week mid-year break. Please contact jury services for guidance of these dates.

Regional courts have less frequent trial activity, and therefore your deferred summons will be issued for the next available court sitting date after the date you nominated. Please contact the issuing court for guidance of these dates.

When completing a Statutory Declaration for jury service deferral please ensure the address declared on the statutory declaration is your current address, even if it differs to the address stated on your summons.

It is important to make all necessary arrangements to ensure you comply with attendance on the alternative nominated date. A person cannot defer more than once and failure to attend any date summoned may result in an $800 infringement.

When your application for deferral is approved you will be sent a confirmation letter with the date you have nominated. It is your responsibility to ensure that you remember this commitment and not plan other commitments at the same time.

If you have any concerns about the nominated date selected by you, please contact the issuing court immediately. There may be an opportunity to adjust your nominated date if the summons has not been issued and the proposed new date remains within the six month allowable period. Changes to your nominated date cannot be made after the new summons has been issued.

Who is not eligible for jury service/duty?

Some people may not be eligible for Jury duty.

You are not eligible if you have reached the age of 75.

In accordance with Schedule 1 Division 1 you are also not eligible to serve as a juror on a criminal or civil trial if you are:

In accordance with Schedule 1 Division 2 You are not eligible to serve as a juror on a criminal trial if you are:

If you are not eligible, you must complete a detailed statutory declaration, located on the back of the summons and return to the summoning court prior to the summoned date.

Who is not qualified to undertake jury service/duty?

Some people may not be qualified for Jury duty. People not qualified to serve as a juror include people who:

Even if a person is not qualified to undertake jury service/duty they must complete a detailed statutory declaration, located on the back of the summons and return to the summoning court prior to the summoned date.

If a person is not qualified to undertake jury service on the grounds of physical or mental disability, they must attach a medical certificate with the detailed statutory declaration.

*A carer or guardian may complete the statutory declaration on behalf of a summoned person.

Excusal

You may seek to be excused from jury duty if you:

* A friend or relative may complete the statutory declaration on behalf of a summonsed person.

Medical condition, physical or mental disability exemption

If you are seeking an excusal from jury duty on the grounds of a physical or mental disability or a serious or permanent medical condition, you must attach a medical certificate to a detailed statutory declaration. The medical certificate must detail the duration of your condition as this will determine if an excusal or deferral can be granted.

If the condition preventing you from undertaking jury service/duty is likely to be resolved within a six month period then you can defer jury duty until you are well enough to serve. State your reasons for a deferral on the statutory declaration on the back of your summons. You are not required to provide a doctors certificate.

If your condition is likely to go beyond a six month period, you must provide a medical certificate that clearly details the duration of your condition and contains words that express your inability to serve as a juror during this time. Please provide the medical certificate together with a detailed statutory declaration, located on the back of your summons. Under these circumstances no deferral date is necessary.

If you are seeking a permanent excusal from jury duty on the grounds of a 'permanent' medical condition or physical or mental disability that prevents you serving effectively as a juror then you must provide a medical certificate from your doctor. This medical certificate must clearly detail that you are permanently unfit for jury service.

The Permanent Exemption Information Sheet can be downloaded from the download link below and will provide you with a guide to what information must be provided in a medical certificate. Attach your medical certificate to your statutory declaration, on the back of your summons, and return to the summoning court prior to the summoned date.

All declarations must be lodged with the WA Sheriff's Office or the relevant summonsing court by mail, email or fax 14 days before the summoned date.

Contact Details

Perth Metropolitan area Jury Services
District Court Building
Level 2, 500 Hay Street
PERTH WA 6000
Phone: (08) 9425 2481
Fax: (08) 9425 4406
Email: jurors@justice.wa.gov.au

Regional Courts Contacts

Last updated: 12-Sep-2017

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