39Military juror etc must notify belief of own bias

39 Military juror etc must notify belief of own bias

(1) A military juror or reserve military juror who, during the trial, believes or becomes aware that he or she:

(a) is biased; or

(b) is likely to be biased; or

(c) is likely to be thought, on reasonable grounds, to be biased;

must immediately notify the Military Judge.

(2) If a military juror notifies a Military Judge in accordance with subrule (1), the juror must be questioned on oath or affirmation about the bias or potential bias, in the absence of the other military jurors, by:

(a) the Military Judge; and

(b) by the leave of the Military Judge — the prosecutor or the defending officer.