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Criminal Code Act 1983
365Jury not to separate
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365 Jury not to separate
(1) Except as hereinafter stated after the jury has been empanelled
and the charge has been stated to the jury by the proper officer, the
jurors must not separate until they have given their verdict or are
discharged by the court and no person except the officer of the
court who has charge of them is to be allowed to speak to or
communicate with any of them without the leave of the court until
they are discharged.
(2) The court may, if the court considers it appropriate to do so, permit
the jury to separate for any specified period during an adjournment
of the court.
(2A) The court may give any direction for the conduct of the jury in
relation to the separation.
Criminal Code Act 1983 299
(3) If any person disobeys the directions of this section he may be
punished summarily as for contempt of court.
(4) The validity of the proceedings is not affected by any such
disobedience but, if the fact is discovered before the verdict is
given, the court, if it is of opinion that such disobedience is likely to
prejudice the fair trial of the charge, may discharge the jury and
may direct that a fresh jury be empanelled during the same sittings
of the court or may adjourn the trial.