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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not understand what they expect me to do?

470 replies

bloodypublicservice · 03/07/2024 13:58

I was called up for jury service starting in less than two weeks from now. I work Saturdays only as I otherwise do all of the childcare whilst my partner works full time. Originally I stated I was available as my MIL was going to have our daughter, however MIL has experienced a significant and unexpected health issue resulting in being hospitalised for the foreseeable. I've contacted the relevant department to have received a response stating that my request to be excused from this call for service has been refused and that I must still attend at the stated day/time. It mentions appealing but that a hearing is likely to be called, and given the start date is so soon, it's realistically not going to be resolved before starting.

WIBU to show up on my start date with my child and ask what else they expected me to do? We have no other local family and no provision for external childcare.

OP posts:
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Excourtclerk · 08/07/2024 13:45

Kinshipug · 08/07/2024 09:02

Everyone repeating that it is "legally binding" etc, you do realise they cannot and will not force anyone to participate. They may or may not issue a fine. That's it. I would break even after 6 days of childcare or 4 days of DH taking unpaid leave, so I'd possibly chance a fine at the moment.

Actually you are wrong they can take action. I have in the past written up many a court order for a juror who has been found in contemp of court by a Judge for having failed to attend.

It is quite amusing to read all the "experts" on jury service and court rules.

Even Judges don't get out of jury service. My Judge had to do jury service and spent the whole time not getting on a trial because every barrister knew him but he still wasn't excused from his service.

JenniferBooth · 08/07/2024 13:47

We're not back on our feet after Covid lockdowns stopped me working for nearly 2 years (I go in people's houses for my job, but wasn't on the government list of people allowed to enter other people's houses

Like i said Actions have consequences

Kinshipug · 08/07/2024 13:48

Excourtclerk · 08/07/2024 13:45

Actually you are wrong they can take action. I have in the past written up many a court order for a juror who has been found in contemp of court by a Judge for having failed to attend.

It is quite amusing to read all the "experts" on jury service and court rules.

Even Judges don't get out of jury service. My Judge had to do jury service and spent the whole time not getting on a trial because every barrister knew him but he still wasn't excused from his service.

What action is taken then? Besides a fine? Besides taking you to court if you don't pay the fine? Are you suggesting there is actually space in prison for no show jurors?

Excourtclerk · 08/07/2024 13:53

Kinshipug · 08/07/2024 13:48

What action is taken then? Besides a fine? Besides taking you to court if you don't pay the fine? Are you suggesting there is actually space in prison for no show jurors?

If you fail to attend court for jury service it is classed as a criminal offence the sentence against that offence is a up to 1k fine. If you fail to pay the fine then which is basically your sentence then the actions taken will be the same as another criminal sentence that been given a fine. The Judge can order what they see fit. Could be a suspended sentence or a community order.

Either way you end up with a criminal record if a fine is issued.

If it was as easy as you think to just ignore a jury summons or fine then no one would be doing jury service!

DotAndCarryOne2 · 08/07/2024 13:56

Excourtclerk · 08/07/2024 13:45

Actually you are wrong they can take action. I have in the past written up many a court order for a juror who has been found in contemp of court by a Judge for having failed to attend.

It is quite amusing to read all the "experts" on jury service and court rules.

Even Judges don't get out of jury service. My Judge had to do jury service and spent the whole time not getting on a trial because every barrister knew him but he still wasn't excused from his service.

You’re wasting your breath. I was a disability support worker in another life, and on one occasion I was contacted when one of my caseload was escorted to court by the police after failing to attend on the day. He was fined for contempt of court. But apparently I still don’t know what I’m talking about because ‘where do the police find time to do that’ !!

Rosscameasdoody · 08/07/2024 13:59

Kinshipug · 08/07/2024 13:48

What action is taken then? Besides a fine? Besides taking you to court if you don't pay the fine? Are you suggesting there is actually space in prison for no show jurors?

The court can order the police to collect you and escort you to court. A no show for jury service is contempt of court. A fine and possibly an order to pay court costs. Do you really think there will be no consequences if you then don’t pay the fine ?

Excourtclerk · 08/07/2024 14:00

DotAndCarryOne2 · 08/07/2024 13:56

You’re wasting your breath. I was a disability support worker in another life, and on one occasion I was contacted when one of my caseload was escorted to court by the police after failing to attend on the day. He was fined for contempt of court. But apparently I still don’t know what I’m talking about because ‘where do the police find time to do that’ !!

What do we know? You have first hand experience, and I was a court clerk who actually did these hearings for 7 years and worked in the jury office to cover the jury managers holidays obviously we know nothing!

Kinshipug · 08/07/2024 14:02

Rosscameasdoody · 08/07/2024 13:59

The court can order the police to collect you and escort you to court. A no show for jury service is contempt of court. A fine and possibly an order to pay court costs. Do you really think there will be no consequences if you then don’t pay the fine ?

I didn't say there were no consequences if you don't pay the fine. But I would love to see some actual evidence that are consequences beyond (in theory being escorted to court toddler in tow) and being issued a fine.
Anyone can throw around accusations that other people don't know what they're talking about, perhaps I don't, but I don't know that you do either.

JenniferBooth · 08/07/2024 14:06

If i was in the situation where i was still paying off a credit card after doing jury service id be tempted to go to the press.

bloodypublicservice · 08/07/2024 14:12

QuizNight · 08/07/2024 07:44

Of course I’m not advocating her leaving her child for 2 weeks, I’ve said that. One day a week is completely fine though. £11 out of pocket for one day is hardly ideal but come on, if that’s the option for one or two days then that’s the option. Husband has 3 days guaranteed so that’s already almost a full week sorted. We don’t even know for a fact that his work won’t sort something out, they’ve not even asked! 100 miles also isn’t an insurmountable distance to see your grandchild for a one off, again, she hasn’t even asked how they’d feel about helping in this quite probably once in a lifetime circumstance that she’s legally obligated to do.

I’m just being realistic. IF (in big capitals) they don’t defer it, then how on earth is she going to afford the £1000 fine if she can’t afford £11 for a single day?

Why is this all falling to OP anyway? She’s not the only parent and she has no choice in the matter. The dad should be asking work and figuring out what he is going to do with his child whilst mum is doing jury service.

Edited

You're making massive assumptions here.

DH works as a prescribing clinician; he has been employed by his employer for long enough to know, having experienced what he regarded as an actual family emergency (sudden deterioration and ultimately death of a grandparent), that his employer categorically do not allow for short notice leave requests.

And great, so he takes all three of his EDL days in one go which will cover maybe 30% of the necessary days (still leaving 70% with no option). Then what happens if I become too unwell to look after our child in the next 12 months? You're being absolutely ludicrous if you think we should forgo any contingency plans for life happening simply to accommodate one stint of jury service that, it seems there should be grounds for me to at the very least defer.

And they don't live "100" miles away. I said "hundreds". One lives in Somerset, the other on the east coast; whereas I live in the NW. I have obviously spoken to them about the situation I'm in and neither have offered to assist. This means that they don't want to, presumably because they don't feel it's justified, and I'm not about to pressurise them given that it'd not just be a huge round trip (potentially twice), but they too would have to attempt to negotiate leave at short notice and find alternative arrangements for their caring responsibilities.

I've already stated that there is categorically no way I am willing to dump my child on the first qualified strangers I can find, in an unfamiliar environment, with zero preparation, for over 8 hours a day (given commuting to and from the court). Nothing to do with the money, everything to do with my responsibility as a parent to do what's right by my child, and that certainly isn't it.

I'm guessing you missed the part where I wrote I was actually pleased to get called up in the first instance?

OP posts:
Rosscameasdoody · 08/07/2024 14:13

Kinshipug · 08/07/2024 14:02

I didn't say there were no consequences if you don't pay the fine. But I would love to see some actual evidence that are consequences beyond (in theory being escorted to court toddler in tow) and being issued a fine.
Anyone can throw around accusations that other people don't know what they're talking about, perhaps I don't, but I don't know that you do either.

I can only speak from the experience of asking for a deferral on the grounds of disability, as I was having treatment at the time I was called. It was explained to me in simple terms that not turning up is a criminal offence and it was likely I would be assigned a police escort to court to face a charge of contempt, I would then be fined and would have a criminal record as a result. I think that’s consequences enough to be going on with.

YourZanyNewt · 08/07/2024 16:55

Say your husband has to take two weeks off work, and as expenses - bill them for two weeks loss of earnings for your husband. My OH had jury service cancelled the day before he was due, due to his loss of earnings claim he put in.

QuizNight · 08/07/2024 17:40

bloodypublicservice · 08/07/2024 14:12

You're making massive assumptions here.

DH works as a prescribing clinician; he has been employed by his employer for long enough to know, having experienced what he regarded as an actual family emergency (sudden deterioration and ultimately death of a grandparent), that his employer categorically do not allow for short notice leave requests.

And great, so he takes all three of his EDL days in one go which will cover maybe 30% of the necessary days (still leaving 70% with no option). Then what happens if I become too unwell to look after our child in the next 12 months? You're being absolutely ludicrous if you think we should forgo any contingency plans for life happening simply to accommodate one stint of jury service that, it seems there should be grounds for me to at the very least defer.

And they don't live "100" miles away. I said "hundreds". One lives in Somerset, the other on the east coast; whereas I live in the NW. I have obviously spoken to them about the situation I'm in and neither have offered to assist. This means that they don't want to, presumably because they don't feel it's justified, and I'm not about to pressurise them given that it'd not just be a huge round trip (potentially twice), but they too would have to attempt to negotiate leave at short notice and find alternative arrangements for their caring responsibilities.

I've already stated that there is categorically no way I am willing to dump my child on the first qualified strangers I can find, in an unfamiliar environment, with zero preparation, for over 8 hours a day (given commuting to and from the court). Nothing to do with the money, everything to do with my responsibility as a parent to do what's right by my child, and that certainly isn't it.

I'm guessing you missed the part where I wrote I was actually pleased to get called up in the first instance?

So he still hasn’t even spoken to them about it and given them a heads up even though the time until you have to go is getting closer and closer? If nothing else, get the refusal in writing so you can use it as proof for the deferral.

I really, really hope you get it deferred, and under the circumstances you definitely should but IF they don’t agree, is your decision to have a criminal record and a fine of up to £1000? Or will you put one of the options you really don’t want to do in place after all? No matter how ridiculously unfair it is (and it definitely is, I can’t actually believe how rubbish the system is), that is the outcome of not attending.

When do you get the decision on your deferral by the way?

BoredandLost · 08/07/2024 18:21

QuizNight · 08/07/2024 17:40

So he still hasn’t even spoken to them about it and given them a heads up even though the time until you have to go is getting closer and closer? If nothing else, get the refusal in writing so you can use it as proof for the deferral.

I really, really hope you get it deferred, and under the circumstances you definitely should but IF they don’t agree, is your decision to have a criminal record and a fine of up to £1000? Or will you put one of the options you really don’t want to do in place after all? No matter how ridiculously unfair it is (and it definitely is, I can’t actually believe how rubbish the system is), that is the outcome of not attending.

When do you get the decision on your deferral by the way?

Paying a £1000 fine, in installments, would be much easier than losing £1000+ in wages if my husband had to take unpaid leave.

BoredandLost · 08/07/2024 18:24

QuizNight · 08/07/2024 17:40

So he still hasn’t even spoken to them about it and given them a heads up even though the time until you have to go is getting closer and closer? If nothing else, get the refusal in writing so you can use it as proof for the deferral.

I really, really hope you get it deferred, and under the circumstances you definitely should but IF they don’t agree, is your decision to have a criminal record and a fine of up to £1000? Or will you put one of the options you really don’t want to do in place after all? No matter how ridiculously unfair it is (and it definitely is, I can’t actually believe how rubbish the system is), that is the outcome of not attending.

When do you get the decision on your deferral by the way?

"Typically, being fined for not attending jury service does not automatically result in a criminal record in the same way that a conviction for a criminal offence would. Fines for non-attendance are more akin to a penalty for failing to comply with a civil duty rather than a criminal sanction for criminal conduct"

That's from https://www.justanswer.co.uk/law/od9bg-fined-not-attending-jury-service-will.html

CuttingMeOpenthenHealingMeFine · 08/07/2024 18:48

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QuizNight · 08/07/2024 19:03

BoredandLost · 08/07/2024 18:24

"Typically, being fined for not attending jury service does not automatically result in a criminal record in the same way that a conviction for a criminal offence would. Fines for non-attendance are more akin to a penalty for failing to comply with a civil duty rather than a criminal sanction for criminal conduct"

That's from https://www.justanswer.co.uk/law/od9bg-fined-not-attending-jury-service-will.html

That’s reassuring at least if that’s the road the OP does go down.

Halfheadhighlights · 08/07/2024 19:15

Sounds a nightmare. Hope you get a solution

DotAndCarryOne2 · 08/07/2024 22:34

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My Mum has been permanently excused due to disability, she was called, got a doctors note and has now been marked as not to be called again. I think you are just on here spouting utter nonsense.

This is what you replied to that poster. Explain to me how what you said was not rude given that they were right and you were wrong ? Now you’re indirectly calling me a fucking idiot because I called you out on your rudeness and showed you why this poster was correct - from professional experience as a disability support worker.

Tagyoureit · 08/07/2024 22:57

@bloodypublicservice
I'm still rooting for you! I do hope this all sorted!
Please let us know what happens!

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