sec.38Supplementary jurors

### sec.38 Supplementary jurors If a trial is likely to be delayed because there are no persons or not enough persons, who have been summoned for jury service, available for the selection of a jury, the judge may, on application by a party to the proceeding, direct the sheriff to make up or supplement a jury panel by selecting from among persons who are qualified for jury service and instructing them to attend for jury service. The number of persons to be selected, and the way the selection is to be made, must be as directed by the judge. The persons instructed to attend for jury service under this section become (subject to being excused or discharged under this Act) members of the jury panel from which the jury for the trial is to be selected. Unless the person has a reasonable excuse, a person must not fail to comply with— an instruction to attend for jury service under this section; or a further instruction about jury service given by the sheriff or the judge. Maximum penalty—10 penalty units or 2 months imprisonment. A contravention of subsection (4) may be dealt with either as an offence or a contempt of the court. (sec.38-ssec.1) If a trial is likely to be delayed because there are no persons or not enough persons, who have been summoned for jury service, available for the selection of a jury, the judge may, on application by a party to the proceeding, direct the sheriff to make up or supplement a jury panel by selecting from among persons who are qualified for jury service and instructing them to attend for jury service. (sec.38-ssec.2) The number of persons to be selected, and the way the selection is to be made, must be as directed by the judge. (sec.38-ssec.3) The persons instructed to attend for jury service under this section become (subject to being excused or discharged under this Act) members of the jury panel from which the jury for the trial is to be selected. (sec.38-ssec.4) Unless the person has a reasonable excuse, a person must not fail to comply with— an instruction to attend for jury service under this section; or a further instruction about jury service given by the sheriff or the judge. Maximum penalty—10 penalty units or 2 months imprisonment. (sec.38-ssec.5) A contravention of subsection (4) may be dealt with either as an offence or a contempt of the court. - (a) an instruction to attend for jury service under this section; or - (b) a further instruction about jury service given by the sheriff or the judge.