Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DZQ

  (1)   This section sets out the prosecutor's right to request that a potential juror be stood aside.

  (2)   If:

  (a)   a potential juror's name and/or number is called in accordance with section   23DZJ; and

  (b)   before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside;

the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time.

  (3)   If:

  (a)   all potential jurors on the jury panel have been called for a first time; and

  (b)   there is fewer than the required number of jurors under section   23EAB seated in the jury box;

any potential juror who has been ordered to stand aside is eligible to have their name and/or number called a second time in accordance with section   23DZJ.

Note:   Subsection   23DZJ(1) requires potential jurors to be selected at random.

  (4)   If a potential juror has their name and/or number called for a second time in accordance with subsection   (3) the prosecutor may not request that the potential juror be stood aside.

Note:   The prosecutor may still challenge the potential juror's inclusion in the jury (see section   23DZN).

  (5)   The prosecutor is entitled to:

  (a)   4 requests under subsection   (2); and

  (b)   an additional request under subsection   (2) if more than 12 jurors are to be empanelled for the proceedings.