Queensland Consolidated Acts

JURY ACT 1995 - SECT 42

42 Peremptory challenges

(1) In a civil trial, each party is entitled to 2 peremptory challenges.

(2) If reserve jurors are to be selected for a civil trial, each party is entitled to—

(a) if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and

(b) if 3 reserve jurors are to be selected—2 additional peremptory challenges.

(3) In a criminal trial, the prosecution and defence are each entitled to 8 peremptory challenges.

(4) If reserve jurors are to be selected for a criminal trial, the prosecution and defence are each entitled to—

(a) if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and

(b) if 3 reserve jurors are to be selected—2 additional peremptory challenges.

(5) If there are 2 or more defendants in a criminal trial—

(a) each defendant is entitled to the number of peremptory challenges allowed to the defence under subsections (3) and (4) ; and

(b) the prosecution is entitled to a number of peremptory challenges equal to the total number available to all defendants.