Australian Capital Territory Numbered Acts

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JURIES (AMENDMENT) ACT 1997 (NO. 83 OF 1997) - SECT 21

Insertion

21. After section 31 of the Principal Act the following section is inserted:

“31A. (1) Where 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) Where 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) Where a Judge gives a direction under subsection (1), section 34 applies in relation to the trial as if references in paragraphs 34 (1) (b) and (2) (b) to 8 peremptory challenges were—

        (a)     where the Judge directs that 13 or 14 jurors be empanelled—references to 9 peremptory challenges;

        (b)     where the Judge directs that 15 jurors be empanelled—references to 10 peremptory challenges; or

        (c)     where the Judge directs that 16 jurors be empanelled—references to 11 peremptory challenges.

“(4) Where, immediately before a jury is to retire to consider its verdict, the jury consists of more than 12 jurors, the proper officer shall select the jurors to be discharged by drawing the jury cards out of a ballot-box 1 at a time until 12 jurors remain unselected.

“(5) Where a juror is selected under subsection (4)—

        (a)     the Judge may, if he or she thinks fit, make an order under subsection 18A (2) in relation to the juror as if the trial had concluded; and

        (b)     the juror is discharged from jury service.”.



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