Juries Act 1962

(1) Subject to section 37A, at a criminal trial, the proper officer must:

(a) select one at a time, in accordance with the written directions of the Chief Justice, persons from the panel of jurors to the trial; and

until 12 persons appear and remain approved as indifferent.

(1A) The 12 persons who remain are, after taking the oath under section 58, to be the jury to try the issues on the trial.

(2) If the names of persons from the panel of jurors to the trial are exhausted, by challenge or otherwise, and less than 12 persons appear and remain approved as indifferent, the Court may adjourn the trial and such persons may be retained to be included in the jury for the trial and:

(a) further persons (to be included on the jury panel for the trial) may be chosen from the persons who were summoned to attend on another Court in the same jury district but were not included in a jury for a trial at that Court; or

(b) a further jury precept may be issued for persons to be included on the jury panel for the trial.

(2A) Where there are not sufficient persons to be the jury to try the issues of the trial after following either one or both of the procedures referred to in subsection (2), or where the Court considers those procedures are not appropriate, then, at the request of the Crown, the defendant or the defendant's counsel, the Court may adjourn the trial and order the Sheriff to appoint forthwith from amongst such of the persons in or in the vicinity of the Court as are qualified and liable to serve, but not exempt from serving, as jurors in a jury district as many persons as are sufficient to make up 12 jurors.

(2B) Notwithstanding subsections (2) and (2A), the jury may be discharged and a further jury precept may be issued in respect of the trial.

(2C) Section 33 shall apply, with the necessary changes, to the extent necessary for the operation of subsection (2)(a).