Numbers of jurors in criminal proceedings
19 Numbers of jurors in criminal proceedings
Except as provided by section 22, in any criminal proceedings in the Supreme Court or the District Court that are to be tried by jury, the jury is to consist of—
12 persons, or
if the Court makes an order under subsection (2) for the selection of additional jurors—12 persons together with the number of additional jurors ordered by the Court,
returned and selected in accordance with this Act.
Note.
If a jury is constituted by more than 12 jurors immediately before it retires to consider its verdict, section 55G provides that only 12 of those jurors may retire to consider the jury’s verdict in the proceedings.
Before a jury is selected in criminal proceedings in the Supreme Court or the District Court, the Court may order the selection of no more than 3 additional jurors if—
the Court is satisfied the nature, likely duration or complexity of the proceedings, or any other factor that may result in a juror being discharged during the trial of the proceedings, necessitates the selection of additional jurors, or
Example—
A trial that involves distressing or sensitive material may necessitate the selection of additional jurors.
the trial of the proceedings is of a kind prescribed by the regulations for this subsection.
The Court may make an order under subsection (2) only if the Court is also satisfied—
the selection of the additional jurors is an appropriate means of ensuring there will be sufficient jurors remaining on the jury when the jury is required to consider the jury’s verdict, and
appropriate facilities to accommodate the additional jurors are available.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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