(1)  If a civil trial is to be tried by a jury, the jury is to be comprised of –

(a) 7 jurors; or

(b) if the court makes an order under section 26 , up to 9 jurors.

(2)  A criminal trial is to be tried by a jury comprised of –

(a) 12 jurors; or

(b) if the court makes an order under section 26 , up to 14 jurors.