QLDIn ForceAct
Jury Act 1995
sec.34Reserve jurors
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### sec.34 Reserve jurors
The judge before which a civil or criminal trial is to be held may direct that not more than 3 persons be chosen and sworn as reserve jurors.
Reserve jurors—
are to be selected in the same way as ordinary jurors; and
are liable to be challenged and discharged in the same way as ordinary jurors; and
must take the same oath as ordinary jurors; and
are otherwise subject to the same arrangements as other jurors during the trial.
If a juror dies or is discharged after a trial starts but before the jury retires to consider its verdict, and a reserve juror is available, the reserve juror must take the vacant place on the jury.
See section 56 (Discharge or death of individual juror).
If 2 or more reserve jurors are available, the juror to take the place on the jury must be decided by lot or in another way decided by the judge.
When a jury retires to consider its verdict, a reserve juror who has not been called on to take a place on the jury must be discharged from further attendance at the trial.
The death or discharge of a reserve juror before the juror has been called on to take a vacant place on the jury does not affect the validity of the trial.
(sec.34-ssec.1) The judge before which a civil or criminal trial is to be held may direct that not more than 3 persons be chosen and sworn as reserve jurors.
(sec.34-ssec.2) Reserve jurors— are to be selected in the same way as ordinary jurors; and are liable to be challenged and discharged in the same way as ordinary jurors; and must take the same oath as ordinary jurors; and are otherwise subject to the same arrangements as other jurors during the trial.
(sec.34-ssec.3) If a juror dies or is discharged after a trial starts but before the jury retires to consider its verdict, and a reserve juror is available, the reserve juror must take the vacant place on the jury. See section 56 (Discharge or death of individual juror).
(sec.34-ssec.4) If 2 or more reserve jurors are available, the juror to take the place on the jury must be decided by lot or in another way decided by the judge.
(sec.34-ssec.5) When a jury retires to consider its verdict, a reserve juror who has not been called on to take a place on the jury must be discharged from further attendance at the trial.
(sec.34-ssec.6) The death or discharge of a reserve juror before the juror has been called on to take a vacant place on the jury does not affect the validity of the trial.
- (a) are to be selected in the same way as ordinary jurors; and
- (b) are liable to be challenged and discharged in the same way as ordinary jurors; and
- (c) must take the same oath as ordinary jurors; and
- (d) are otherwise subject to the same arrangements as other jurors during the trial.