Challenges for cause
43 Challenges for cause
A party to a civil or criminal trial may challenge for cause against a person selected to serve on the jury or as a reserve juror.
A challenge for cause under this section is made by objecting to the selection of the person against whom the challenge is made on either or both of the following grounds—
the person is not qualified for jury service;
the person is not impartial.
A party who makes a challenge for cause must inform the judge of the reasons for the challenge and give the judge information and materials available to the party that are relevant to the challenge.
If the judge is satisfied there are proper grounds to inquire into the qualification or impartiality of the person against whom the challenge is made, the judge may—
permit the party to put questions to the person in a way and in a form decided by the judge; and
if the person’s answers to the questions give grounds for further inquiry—permit the examination or cross-examination of the person on oath.
The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information in response to questions asked under this section.
Editor’s note—
The Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, places restrictions on disclosure of the criminal history of a person by someone if the rehabilitation period under the Act has come to an end.
After considering the evidence and submissions of parties, the judge must uphold or dismiss the challenge.
The judge’s decision under this section is not subject to interlocutory appeal but, if the final judgment of the court is liable to appeal, may be considered on an appeal against the final judgment of the court.
A challenge for cause does not reduce the number of peremptory challenges available to the party who makes the challenge.
This Act’s bill:Explanatory memorandum
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