Statement to accused person of right of challenge—Jury Act, s 39
47 Statement to accused person of right of challenge—Jury Act, s 39
If the accused person pleads not guilty, the proper officer must address the accused person as follows—
‘AB (and CD), these representatives of the community whom you will now hear called may become the jurors who are to decide between the Crown and you on your trial.
‘If you wish to challenge them, or any of them, you, or your representative, must do so before the bailiff begins to recite the words of the oath or affirmation.’.
In a private prosecution, the reference to the Crown must be replaced by a reference to the private prosecutor.
In a Commonwealth prosecution, the reference to the Crown must be replaced by a reference to the prosecuting authority.
The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Jury Act 1995, section 39.
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