39Peremptory challenges in criminal trials

39 Peremptory challenges in criminal trials (1) Each person arraigned is allowed to challenge peremptorily— S. 39(1)(a) amended by No. 38/2017 s. 12(1). (a) 3 potential jurors, if only 1 person is arraigned in the trial; or S. 39(1)(b) substituted by No. 38/2017 s. 12(2). (b) 2 potential jurors, if 2 or more persons are arraigned in the trial. S. 39(1)(c) repealed by No. 38/2017 s. 12(3). S. 39(2) substituted by No. 11/2021 s. 116(1). (2) In a criminal trial, each peremptory challenge 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. 39(2A) inserted by No. 37/2017 s. 21. (2A) Each person arraigned must be given a reasonable opportunity to make each peremptory challenge that is allowed under subsection (1). S. 39(2B) inserted by No. 37/2017 s. 21, amended by No. 11/2021 s. 116(2). (2B) Without limiting subsection (2A), each person arraigned must be given an adequate opportunity to view the face of the potential juror before the potential juror is seated or finishes moving in accordance with the direction to move. S. 39(2C) inserted by No. 37/2017 s. 21. (2C) Nothing in this section requires a potential juror to walk past each person arraigned. The procedure of requiring potential jurors to walk past each person arraigned is known as a jury parade. S. 39(3) substituted by No. 38/2017 s. 12(4). (3) The court must allow a peremptory challenge to be made in the following ways— (a) by the person arraigned; (b) by a legal practitioner who represents the person arraigned; (c) by a clerk of a legal practitioner who represents the person arraigned. (4) This section does not apply to an investigation under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**. S. 39A inserted by No. 11/2021 s. 117.