46Jury separation after retiring to consider verdict

### 46 Jury separation after retiring to consider verdict > > (1)  After the jury has retired to consider its verdict and before the verdict is given or jurors are discharged, the court, despite any rule of law or practice to the contrary, may – > > > > > > (a) allow the jury to separate; or > > > > > > > (b) allow an individual juror to separate from the jury if, in the opinion of the court, there is good reason to do so. > > > (2)  The court may allow a jury or juror to separate only if each separating juror has taken an oath or made an affirmation. > > > (3)  A juror is to take an oath by answering "I swear" or make an affirmation by answering "I affirm" in reply to the oath or affirmation being tendered in accordance with [Part 1](#JS5@HS1@EN) or [2](#JS5@HS2@EN) of [Schedule 5](#JS5@EN) .