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s 44

Challenge in criminal cases

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44 Challenge in criminal cases

(1) Upon the trial of a criminal issue, the Crown and the person arraigned or his counsel may each challenge peremptorily:

(a)

in the case of a capital offence – 12 jurors; and

(b)

in any other case – 6 jurors,

and are not, except for cause shown, entitled to further challenges.

(2) A peremptory challenge in excess of the number of peremptory challenges allowed under subsection (1) is void and the trial shall proceed as if such a challenge had not been made.

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