South Australian Current Acts

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6A—Additional jurors

        (1)         If the court thinks there are good reasons for doing so, the court may order that an additional juror, or 2 or 3 additional jurors, be empanelled for a criminal trial.

        (2)         If an additional juror or additional jurors have been empanelled and, when the jury is about to retire to consider its verdict, or to consider whether to return a verdict without hearing further evidence, the jury consists of more than 12 jurors, a ballot will be held to exclude from the jury sufficient jurors to reduce the number of the jury to 12.

        (3)         If a juror or jurors are excluded from the jury under subsection (2), the court will either—

            (a)         discharge them from further service as jurors for the trial; or

            (b)         if a number of separate issues are to be decided separately by the jury—direct that they rejoin the jury when the issue in relation to which they have been excluded from the jury has been decided; or

            (c)         if the jury is retiring to consider whether or not to return a verdict without hearing further evidence—direct that they rejoin the jury in the event that the jury decides that it wishes to hear further evidence before returning a verdict.

        (4)         If a jury has chosen one of its members to speak on behalf of the jury as a whole, that juror is not subject to exclusion by ballot under subsection (2).

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