QLDIn ForceAct
Jury Act 1995
sec.42Peremptory challenges
Start here
Get a plain-English read of sec.42
Turn the raw legal text into a practical explanation grounded in Jury Act 1995.
### sec.42 Peremptory challenges
In a civil trial, each party is entitled to 2 peremptory challenges.
If reserve jurors are to be selected for a civil trial, each party is entitled to—
if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and
if 3 reserve jurors are to be selected—2 additional peremptory challenges.
In a criminal trial, the prosecution and defence are each entitled to 8 peremptory challenges.
If reserve jurors are to be selected for a criminal trial, the prosecution and defence are each entitled to—
if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and
if 3 reserve jurors are to be selected—2 additional peremptory challenges.
If there are 2 or more defendants in a criminal trial—
each defendant is entitled to the number of peremptory challenges allowed to the defence under subsections (3) and (4) ; and
the prosecution is entitled to a number of peremptory challenges equal to the total number available to all defendants.
(sec.42-ssec.1) In a civil trial, each party is entitled to 2 peremptory challenges.
(sec.42-ssec.2) If reserve jurors are to be selected for a civil trial, each party is entitled to— if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and if 3 reserve jurors are to be selected—2 additional peremptory challenges.
(sec.42-ssec.3) In a criminal trial, the prosecution and defence are each entitled to 8 peremptory challenges.
(sec.42-ssec.4) If reserve jurors are to be selected for a criminal trial, the prosecution and defence are each entitled to— if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and if 3 reserve jurors are to be selected—2 additional peremptory challenges.
(sec.42-ssec.5) If there are 2 or more defendants in a criminal trial— each defendant is entitled to the number of peremptory challenges allowed to the defence under subsections (3) and (4) ; and the prosecution is entitled to a number of peremptory challenges equal to the total number available to all defendants.
- (a) if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and
- (b) if 3 reserve jurors are to be selected—2 additional peremptory challenges.
- (a) if 1 or 2 reserve jurors are to be selected—1 additional peremptory challenge; and
- (b) if 3 reserve jurors are to be selected—2 additional peremptory challenges.
- (a) each defendant is entitled to the number of peremptory challenges allowed to the defence under subsections (3) and (4) ; and
- (b) the prosecution is entitled to a number of peremptory challenges equal to the total number available to all defendants.