38Crown right to stand aside jurors in criminal trials

38 Crown right to stand aside jurors in criminal trials (1) The Crown may require to stand aside— S. 38(1)(a) amended by No. 38/2017 s. 11(1). (a) 3 potential jurors, if only 1 person is arraigned in the trial; or S. 38(1)(b) substituted by No. 38/2017 s. 11(2). (b) 2 potential jurors for each person arraigned in the trial, if 2 or more persons are arraigned. S. 38(1)(c) repealed by No. 38/2017 s. 11(3). S. 38(2) substituted by No. 11/2021 s. 115(1). (2) The requirement to stand aside must be made— (a) as the potential juror comes to take the juror's seat and before they take it; or (b) if a direction to move is given in accordance with section 39A, as the potential juror moves in accordance with that direction to move. S. 38(3) substituted by No. 79/2014 s. 50. (3) A potential juror who has been required to stand aside by the Crown under this section— (a) must not be empanelled on the jury in that trial; and S. 38(3)(b) substituted by No. 11/2021 s. 115(2). (b) unless the court otherwise orders, must return to the jury pool and may be selected or allocated to a panel in another trial. S. 38(4) repealed by No. 79/2014 s. 50. (5) This section does not apply to an investigation under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.