Mandatory discharge of individual juror
53A Mandatory discharge of individual juror
The court or coroner must discharge a juror if, in the course of any trial or coronial inquest—
it is found that the juror was mistakenly or irregularly empanelled, whether because the juror was excluded from jury service or was otherwise not returned and selected in accordance with this Act, or
the juror has become excluded from jury service, or
the juror has engaged in misconduct in relation to the trial or coronial inquest.
In this section—
misconduct, in relation to a trial or coronial inquest, means—
conduct that constitutes an offence against this Act, or
Note.
For example, under section 68C it is an offence for a juror to make certain inquiries except in the proper exercise of his or her functions as a juror.
any other conduct that, in the opinion of the court or coroner, gives rise to the risk of a substantial miscarriage of justice in the trial or inquest.
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