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Juries Act 2003
26Reserve jurors
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### 26 Reserve jurors
> > (1) Before the jury is empanelled in a trial, the court may order the empanelment of up to 2 reserve jurors.
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> > (2) A reserve juror –
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> > > > (a) is to have the same qualifications as a juror; and
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> > > > (b) is to be summoned and empanelled in the same manner as a juror; and
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> > > > (c) is subject to the same challenges and liability to be stood aside or discharged as a juror; and
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> > > > (d) is to take the same oath or make the same affirmation as a juror; and
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> > > > (e) has the same functions, powers, entitlements and privileges as a juror.
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> > (3) The law in respect of jurors applies to a reserve juror with any modifications as are required.
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> > (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.
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> > (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.
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> > (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.
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> > (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.
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> > (8) If the jury retires to consider its verdict, a reserve juror, unless otherwise directed by the court, must not –
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> > > > (a) participate in the deliberations of the jury; or
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> > > > (b) enter the jury room or discuss any other matter relating to the trial with any juror until the jury has returned its verdict.