23DZQProsecutor may request that potential jurors be stood aside

23DZQ Prosecutor may request that potential jurors be stood aside

(1) This section sets out the prosecutor’s right to request that a potential juror be stood aside. (2) If: (a) a potential juror’s name and/or number is called in accordance with section 23DZJ; and (b) before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside; the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time. (3) If: (a) all potential jurors on the jury panel have been called for a first time; and (b) there is fewer than the required number of jurors under section 23EAB seated in the jury box; any potential juror who has been ordered to stand aside is eligible to have their name and/or number called a second time in accordance with section 23DZJ.

Note: Subsection 23DZJ(1) requires potential jurors to be selected at random.

(4) If a potential juror has their name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.

Note: The prosecutor may still challenge the potential juror’s inclusion in the jury (see section 23DZN).

(5) The prosecutor is entitled to: (a) 4 requests under subsection (2); and (b) an additional request under subsection (2) if more than 12 jurors are to be empanelled for the proceedings.