29Empanelment

### 29 Empanelment > [*\[Section 29 Substituted by No. 7 of 2005, s. 4, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-007#GS4@EN) > > > (1)  The court is to authorise a person to select persons to be empanelled for a jury for a trial. > > > (2)  For a criminal trial, before the selection of persons to be empanelled for the jury, the judge or a person authorised by the judge is to inform the person arraigned that – > > > > > > (a) the persons whose names are about to be called may become jurors for the trial; and > > > > > > > (b) once those persons have taken their place in the jury box, the person arraigned will be asked whether he or she wants to challenge any of them. > > > (3)  The authorised person is to select from a panel a sufficient number of persons to be empanelled for a jury for a trial. > > > (4)  The authorised person is to call out the names of the persons selected or, if the court makes a direction under [subsection (7)](#GS29@Gs7@EN) , their number. > > > (5)  The persons called are to take a seat in the jury box. > > > (6)  If 2 or more persons have the same name, the authorised person is to call out their occupations and, if 2 or more persons have the same name and occupation, their dates of birth. > > > (7)  If the court considers that for security reasons or for any other reason the name of any person selected should not be read out in open court, the court, before or after that person is present in the court, may direct that the person be identified by number only. > > > (8)  In a criminal trial, when the persons selected to be empanelled are together in the jury box – > > > > > > (a) counsel for the Crown is to be invited to announce those it wishes to stand aside or challenge for cause; and > > > > > > > (b) the person arraigned, or his or her counsel, is to be invited to make his or her challenges; and > > > > > > > (c) the persons stood aside or challenged are to be replaced by others selected from the panel. > > > (9)  In a civil trial, when the persons selected to be empanelled are together in the jury box – > > > > > > (a) the parties or their counsel are to be invited to make their challenges; and > > > > > > > (b) the persons challenged are to be replaced by others selected from the panel. > > > (10)  The process initiated in accordance with [subsection (8)](#GS29@Gs8@EN) or [(9)](#GS29@Gs9@EN) is to continue until no more persons are stood aside or challenged. > > > (11)  Those persons who have been selected and not stood aside or challenged are thereby empanelled and constitute the jury for that trial. > > > (12)  A person empanelled for a jury, without reasonable excuse, must not fail to attend as a juror until discharged by the court. > > > > Penalty:  Fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.