Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf, before the jury is asked to retire to consider its verdict on a count in the indictment, there are more than 12 jurors, a ballot must be conducted to select at random 11 of the jurors who, together with the jury foreperson, will consider the verdict.
Note 1: This means the jury foreperson is excluded from the ballot. For the appointment of the jury foreperson, see section 23EA.
Note 2: The jurors not selected in the ballot are discharged at the end of the conduct of the ballot (see section 23EJ).