Trial judges should not embark upon extensive individual questioning of jurors or permit counsel to question jurors where the information available does not suggest it may be necessary to discharge a juror. A jury note complaining about a juror's lack of participation in discussions during the evidence phase does not of itself justify such an enquiry. Where errors in the juror enquiry process do not affect the proper constitution of the jury or the fairness of the trial, they do not constitute a miscarriage of justice, and alternatively the proviso applies.
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