An implied order to discharge a juror and continue a trial with a reduced jury, or to permit jury separation, may satisfy the requirements of ss 22 and 54 of the Jury Act 1977 (NSW) where the trial judge's remarks demonstrate consideration of the relevant questions. However, trial judges should henceforth make express orders with reasons when discharging jurors and permitting jury separation, and the informal practice of dealing with these matters without express orders should be abandoned.
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