NSWIn ForceAct
Jury Act 1977
42Peremptory challenges in criminal proceedings
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#### 42 Peremptory challenges in criminal proceedings
42 Peremptory challenges in criminal proceedings
> > (1) In any criminal proceedings—
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> > > (a) each person prosecuted has 3 peremptory challenges without restriction, and
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> > > (b) the Crown has 3 peremptory challenges without restriction for each person prosecuted.
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> > (1A) If the jury in criminal proceedings is to consist of more than 12 jurors, each person prosecuted and the Crown have one peremptory challenge without restriction, respectively, in addition to the peremptory challenges conferred on them by subsection (1).
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> > (2) Any number of peremptory challenges may be made if the Crown and all the persons prosecuted agree to the challenges.
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> > (3) Any such agreed peremptory challenge may be made even though all the peremptory challenges without restriction of any person prosecuted or the Crown have not been exhausted.
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> **s 42:** Subst 1987 No 286, Sch 1 (5); 1988 No 131, Sch 12 (3). Am 2007 No 58, Sch 1 \[2\].