40Determination of challenges for cause

40 Determination of challenges for cause (1) A challenge to a potential juror for cause must be tried by the judge before whom the jury is being empanelled. (2) If a challenge to a potential juror for cause is upheld, the person challenged must not be empanelled on the jury in that trial. (3) Unless the court otherwise orders, a potential juror in respect of whom a challenge for cause has been upheld must return to the jury pool and may be selected or allocated to a panel in another trial.