16—Power of sheriff or judge to excuse juror or prospective juror from
attendance
(1) A judge or the
sheriff may, on application by or on behalf of a person summoned to render
jury service but not serving on a jury in the course of a criminal trial,
excuse the person from attendance or further attendance in compliance with the
summons.
(2) A person may be
excused under this section—
(a) on
the ground that the person has served as a juror within the previous three
years;
(b) on
the ground that the person is one of two or more partners from the same
partnership, or of two or more persons employed in the same establishment, who
have been summoned to attend as jurors on the same days;
(c)
because of ill-health, conscientious objection or a matter of special urgency
or importance;
(d) for
any reasonable cause.
(3) Information
provided in support of the application may be required to be given on oath or
to be in the form of or verified by an affidavit or statutory declaration.
(4) The judge or
sheriff may, as a condition of excusing a person under this section, order
that—
(a) the
name of the person be included amongst the names of jurors to be summoned for
jury service at a specified subsequent time; or
(b) the
person attend in compliance with the summons at a specified subsequent time
and specified place or at a time and place to be directed by the sheriff.
(5) If the sheriff
declines to excuse a person under this section or excuses the person on
conditions, the person may apply to a judge for review of the sheriff's
decision and, on such a review, the judge may affirm the decision or quash the
decision and substitute a decision that the judge thinks appropriate.