Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23EL

Discharge if each count relating to the accused is dealt with

  (2)   The Court must discharge the jury in relation to an accused if each count in the indictment that relates to the accused is covered by one of the following paragraphs:

  (a)   the Court is satisfied that the jury is not able to reach a unanimous verdict on the count in relation to the accused;

  (b)   the jury delivers its verdict on the count in relation to the accused;

  (c)   the Court, under subsection   23FJ(1), accepts a plea of guilty by the accused to the count;

  (d)   the Court enters, under subsection   23FH(2), a judgment of acquittal for the count in relation to the accused;

  (e)   the count is an alternate to a count covered by one of the above paragraphs.

Discharge in the interests of justice

  (3)   The Court may, at any time during a trial, discharge a jury if the Court is satisfied that it is expedient to do so in the interests of justice.

Discharge if Judge incapable of proceeding

  (4)   If, during a trial, a Judge becomes incapable of proceeding with the trial or directing the discharge of the jury, another Judge must discharge the jury.

Discharge if number of jurors falls below 10

  (5)   The Court must discharge the jury immediately if the number of jurors falls below that permitted in subsection   23DD(3).