Western Australian Current Acts Western Australian Current Acts (1) On any criminal
trial the proper officer shall in open court agitate the ballot-box
sufficiently to intermix the cards in the box, and shall then according to the
practice of the court proceed to draw cards one after another out of the box
and call aloud the identification number on each card.
(2) Where a person
whose identification number is called is present he or she shall indicate his
or her presence.
(3) The proper officer
shall continue in accordance with subsection (1) until, after excluding those
who are challenged or excused, the number of jurors that are needed under
section 18 for the trial have been duly sworn.
[(4) deleted]
(5) The cards relating
to persons who have been sworn as jurors for a criminal trial shall be kept
apart until the jury has given its verdict and the verdict has been recorded
or until the jury is discharged at which time the cards shall be dealt with in
the manner set out in subsection (6).
(6) After the jurors
for a trial are sworn, the card relating to a person who was summoned but not
sworn shall forthwith be returned —
(a)
where that person was summoned pursuant to a general jury precept, to the box
from which it was drawn; or
(b)
where that person was summoned to attend at a jury pool, to the jury pool
supervisor for return to the box referred to in section 32F(2),
unless that person has
been, or is entitled to be, discharged from further attendance as a juror
under section 42 or has otherwise been excused from further attendance.
(7) Subject to
sections 32I(1) and 42, a person whose card has been returned to a box under
subsection (6) shall be liable to serve as a juror for so long as the trial of
any indictment remains to be commenced.
[Section 36 amended: No. 44 of 1973 s. 22; No. 6
of 1981 s. 26; No. 12 of 2000 s. 8; No. 25 of 2003 s. 17.]