(1) If a judge considers it appropriate, he or she may direct that a specified number of jurors, greater than 12 and less than 17, be empanelled for a criminal trial.
(2) If a judge gives a direction under subsection (1), this Act (other than this section) applies in relation to the trial as if references to 12 jurors or persons were references to as many jurors or persons as are equal to the number of jurors directed to be empanelled.
(3) If a judge gives a direction under subsection (1), section 34 applies in relation to the trial as if references in section 34 (1) (a) and (2) (a) to 8 peremptory challenges were—
(a) if the judge directs that 13 or 14 jurors be empanelled—references to 9 peremptory challenges; or
(b) if the judge directs that 15 jurors be empanelled—references to 10 peremptory challenges; or
(c) if the judge directs that 16 jurors be empanelled—references to 11 peremptory challenges.
(4) If, immediately before a jury is to retire to consider its verdict, the jury consists of more than 12 jurors, the proper officer must select the jurors to be discharged by randomly selecting, by electronic or other means, identifying numbers one at a time until 12 jurors remain unselected.
(5) If a juror is selected under
subsection (4), the name of the juror is returned to the jury pool unless the
Supreme Court orders otherwise.