Western Australian Current Acts Western Australian Current Acts (1) If a jury is
required for a criminal trial, not less than 12 and not more than 18 jurors
shall be chosen and returned from the jurors’ book for the jury district
in which the trial is to take place.
(2) The actual number
to be chosen and returned under subsection (1) shall be determined by a judge
of the court in which the trial is to be held.
(3) Immediately after
determining the number of jurors to be chosen and returned, the judge shall
give the sheriff notice of the number.
(4) If, immediately
before the jury is asked to retire to consider its verdict in a criminal
trial, there are more than 12 jurors, a ballot shall be conducted to select 11
of the jurors to retire with the foreperson to consider the verdict.
(5) The ballot
referred to in subsection (4) shall be conducted by the proper officer by
—
(a)
placing the cards with the identification numbers of the jurors other than the
foreperson in a ballot-box; and
(b)
agitating the box sufficiently to intermix the cards in the box; and
(c)
drawing 11 cards one after another out of the box and calling aloud the
identification number on each card.
(6) A juror not
selected under subsection (4) shall be discharged from further service as a
juror for that trial.
[Section 18 inserted: No. 25 of 2003 s. 5(1);
amended: No. 84 of 2004 s. 51.]