Bubblecar said:
AI Overview:In Australian courts, jurors are allowed and encouraged to put questions of law, as well as evidence or procedure, to the judge for clarification. While the judge decides questions of law and the jury decides facts, the jury must understand the legal instructions to reach a fair verdict, making such clarifications necessary.
How Questions are Handled:
Procedure: The jury foreperson writes the question down and passes it to a jury officer (bailiff), who gives it to the trial judge.
Confidentiality: Individual jurors can also pass a note directly to a officer if they do not want to discuss the question with the foreperson.
Process: The judge typically discusses the question with counsel (lawyers) before answering it in open court.
Timing: Questions of law should generally be answered before a verdict is taken, according to case law like R v Hickey .Important Limitations:
No Outside Research: Jurors are strictly forbidden from conducting their own research, such as using the internet, to find answers, which is a criminal offence.
Not Involved in Evidence: While they can ask for clarification, jurors are generally not allowed to directly question witnesses.
Focus on Directions: The judge provides a “summing up” and directions on the law, which the jury must follow.If a jury shows confusion about a legal principle or definition, they should ask for a “further direction”.
Ok, thanks for that Bubblecar.