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Your day in court
Laura Coates



IF you're on trial in Ireland, the unofficially acknowledged line is that you'll be judged by the 'people who phone Joe' , , that is, the Liveline audience of students, housewives, the unemployed and general busybodies. At least, that's the opinion of those in the know, including some legal professionals.

As anyone who's ever watched a prime-time courtroom drama will know, those accused of crime or civil wrongs are meant to be tried by a jury of their peers or a representative cross section of society.

The problem with the make-up of juries in this country is that by the time those who are ineligible or excluded 'as of right' are taken into account, added to those who claim to have pressing deadlines at work or holidays booked and the self-employed who can't survive without an income for a couple of weeks, there's a heavy bias against professionals or the employed being represented on juries.

Getting a jury summons in the post is as unpopular as a dentist's appointment for some employees. One Dublin professional who did jury duty for two days a couple of years ago said: "Any of my friends I told about it sympathised with me. I had to point out to them that I'd be getting paid for not going to work." Approximately 20,000 summonses are issued per year in Dublin, says the Courts Service.

Some of the bugbears about turning up for jury service include the waiting around and the fact that there's no guarantee you'll be called into service. Trials could also last anywhere from a couple of days to weeks.

Prospective jurors usually get at least a couple of weeks' notice of service, but this can be shortened in case of emergencies. The Minister for Justice, Michael McDowell TD, has backed calls for harsher penalties for those who don't turn up for jury service. At the moment there's a 63 fine for not attending, but prosecutions are rare.

Most Irish citizens living in this country aged between 18 and 70 are eligible for jury service. Those involved in the legal profession and the gardai are disqualified from serving, along with those convicted of serious offences and those whose physical or mental conditions mean they are not fit to serve. Professions including aircraft pilots, medical professionals, students and certain civil servants can be excluded as of right.

Under the Juries Act, 1976, employers are obliged to let PAYE workers have time off with full pay and benefits if they're called up for jury service , , it's an offence for bosses to keep a worker from answering the summons.

These rights also extend to temporary and contract workers. However, jurors don't get any other perks in the way of travel expenses or a fee for attendance.

Those who feel they've had their employment rights infringed while serving on a jury can make a complaint to the Rights Commissioner Service, which operates as part of the Labour Relations Commission.




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