26Reserve jurors

26 Reserve jurors

(1)  Before the jury is empanelled in a trial, the court may order the empanelment of up to 2 reserve jurors.

(2)  A reserve juror –

(a) is to have the same qualifications as a juror; and

(b) is to be summoned and empanelled in the same manner as a juror; and

(c) is subject to the same challenges and liability to be stood aside or discharged as a juror; and

(d) is to take the same oath or make the same affirmation as a juror; and

(e) has the same functions, powers, entitlements and privileges as a juror.

(3)  The law in respect of jurors applies to a reserve juror with any modifications as are required.

(4)  If a juror, during a trial (whether before or after the jury retires to consider its verdict), dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the juror is to be replaced by a reserve juror determined in a manner determined by the court.

(5)  If a reserve juror who has not replaced a juror dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the trial in respect of which he or she is a reserve juror is not affected by that death, incapacity, disqualification or discharge.

(6)  A reserve juror is to remain in the court during a trial in respect of which he or she is a reserve juror unless discharged or permitted by the court to leave the precincts of the court.

(7)  The court in which a trial is being conducted, at any time after a jury in that trial has retired to consider its verdict, may discharge a reserve juror empanelled in respect of that trial.

(8)  If the jury retires to consider its verdict, a reserve juror, unless otherwise directed by the court, must not –

(a) participate in the deliberations of the jury; or

(b) enter the jury room or discuss any other matter relating to the trial with any juror until the jury has returned its verdict.