NSWIn ForceAct
Jury Act 1977
48Balloting for jury in criminal proceedings
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#### 48 Balloting for jury in criminal proceedings
48 Balloting for jury in criminal proceedings
> > (1) The jury for the trial of any criminal proceedings in the Supreme Court or the District Court shall be selected by ballot in open court in accordance with this section.
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> > (2) At the trial the presiding judge or an officer of the court shall—
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> > > (a) place in a box provided for that purpose the cards provided under section 28 (3) in respect of that trial,
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> > > (b) draw out of that box those cards, one after another, and call out the identification numbers on those cards, until the number of persons required for the jury appear (the drawn persons), and
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> > > (c) call each of the drawn persons to be sworn.
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> > (3) If any challenge is made and allowed in respect of any number of the drawn persons, that number of persons shall be so drawn and called to be sworn.
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> > (4) Such further number of persons as is required shall be so drawn and called to be sworn until all just challenges have been allowed and the number of persons required for the jury have been sworn.
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> > (5) Subject to section 55G, the persons sworn as referred to in subsection (4) shall constitute the jury for the trial.
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> **s 48:** Am 1997 No 15, Sch 1 \[10\] \[11\]; 2007 No 58, Sch 1 \[3\]–\[6\]; 2010 No 55, Sch 1 \[8\].