48Ballot where additional jurors on jury

48 Ballot where additional jurors on jury (1) If— (a) in a criminal trial, more than 12 jurors; or (b) in a civil trial, more than 6 jurors— have been empanelled and remain at the time at which the jury is required to retire to consider its verdict, a ballot must be conducted by selecting the number of jurors necessary to reduce the jury to 12 or 6, as the case requires, before the jury retires to consider its verdict. (2) If the foreperson is selected in the ballot, that selection is to be disregarded and the foreperson remains on the jury. S. 48(3) amended by No. 68/2009 s. 97(Sch. item 73.2). (3) If a criminal trial is not concluded after the verdict is given (whether because it is not in respect of all the accused or not in respect of all the charges on the indictment), the jurors selected in the ballot must then return to the jury, and continue as part of it, for the continuation of the trial. (4) A fresh ballot must be conducted each time the jury is required to retire to consider its verdict. (5) Subject to subsections (2) and (3), the jurors who are selected in the ballot must be discharged but remain liable for further jury service, unless the court otherwise orders. (6) The jurors who, after a ballot, remain on the jury until a verdict has been given or until the jurors are discharged, remain liable for further jury service, unless the court otherwise orders. S. 49 amended by No. 6/2018 s. 68(Sch. 2 item 74.5).