sec.47Special procedure for challenge for cause in certain cases

### sec.47 Special procedure for challenge for cause in certain cases If a judge who is to preside at a civil or criminal trial is satisfied, on an application by a party under this section, that there are special reasons for inquiry under this section, the judge may authorise the questioning of persons selected to serve as jurors and reserve jurors when the court reaches the final stage of the jury selection process. Prejudicial pre-trial publicity may be a special reason for questioning persons selected as jurors or reserve jurors in the final stage of the jury selection process. The application must be made to the judge at least 3 days before the date fixed for the trial to start unless the judge, for special reasons, dispenses with the requirement. On the application, the applicant may suggest, and the judge may decide, questions that are to be put to persons selected to serve as jurors or reserve jurors for the trial. The judge must put the questions in a way decided by the judge. The judge might decide that the questions are to be put to the persons selected to serve as jurors or reserve jurors in each other’s presence in open court, or that the questions are to be put to each person individually. If, after hearing the answers of a person questioned under this section, the judge considers further inquiry is justified, the judge may give the parties leave to cross-examine the person on oath (under limits fixed by the judge) to find out whether the person is impartial. When a person has answered the questions put under this section and any further examination allowed by the judge has finished, a party may make a challenge for cause against the person on the ground that the person is not impartial. A party who makes a challenge under this section must inform the judge of the reasons for the challenge and, if the party has information or materials relevant to the challenge in addition to the information or materials already before the court, give the judge the information and materials. After considering the evidence and submissions of the parties the judge must— uphold the challenge and discharge the person selected to serve as a juror (or reserve juror); or dismiss the challenge. If the judge upholds the challenge and discharges the selected person, another person must be selected from the jury panel to fill the vacancy. When a person is selected to fill a vacancy under subsection (9) — a party may— if the party has not already exhausted the party’s rights of peremptory challenge—challenge the person peremptorily; or challenge the person for cause; in the same way as on the original selection of persons to serve as jurors (or reserve jurors); and See sections 42 (Peremptory challenges) and 43 (Challenges for cause). the person is also liable to be questioned, cross-examined and challenged under this section in the same way as the other persons selected as jurors or reserve jurors. A decision of the judge under this section is not subject to interlocutory appeal but, if the final judgment of the court is liable to appeal, may be considered on an appeal against the final judgment of the court. (sec.47-ssec.1) If a judge who is to preside at a civil or criminal trial is satisfied, on an application by a party under this section, that there are special reasons for inquiry under this section, the judge may authorise the questioning of persons selected to serve as jurors and reserve jurors when the court reaches the final stage of the jury selection process. Prejudicial pre-trial publicity may be a special reason for questioning persons selected as jurors or reserve jurors in the final stage of the jury selection process. (sec.47-ssec.2) The application must be made to the judge at least 3 days before the date fixed for the trial to start unless the judge, for special reasons, dispenses with the requirement. (sec.47-ssec.3) On the application, the applicant may suggest, and the judge may decide, questions that are to be put to persons selected to serve as jurors or reserve jurors for the trial. (sec.47-ssec.4) The judge must put the questions in a way decided by the judge. The judge might decide that the questions are to be put to the persons selected to serve as jurors or reserve jurors in each other’s presence in open court, or that the questions are to be put to each person individually. (sec.47-ssec.5) If, after hearing the answers of a person questioned under this section, the judge considers further inquiry is justified, the judge may give the parties leave to cross-examine the person on oath (under limits fixed by the judge) to find out whether the person is impartial. (sec.47-ssec.6) When a person has answered the questions put under this section and any further examination allowed by the judge has finished, a party may make a challenge for cause against the person on the ground that the person is not impartial. (sec.47-ssec.7) A party who makes a challenge under this section must inform the judge of the reasons for the challenge and, if the party has information or materials relevant to the challenge in addition to the information or materials already before the court, give the judge the information and materials. (sec.47-ssec.8) After considering the evidence and submissions of the parties the judge must— uphold the challenge and discharge the person selected to serve as a juror (or reserve juror); or dismiss the challenge. (sec.47-ssec.9) If the judge upholds the challenge and discharges the selected person, another person must be selected from the jury panel to fill the vacancy. (sec.47-ssec.10) When a person is selected to fill a vacancy under subsection (9) — a party may— if the party has not already exhausted the party’s rights of peremptory challenge—challenge the person peremptorily; or challenge the person for cause; in the same way as on the original selection of persons to serve as jurors (or reserve jurors); and See sections 42 (Peremptory challenges) and 43 (Challenges for cause). the person is also liable to be questioned, cross-examined and challenged under this section in the same way as the other persons selected as jurors or reserve jurors. (sec.47-ssec.11) A decision of the judge under this section is not subject to interlocutory appeal but, if the final judgment of the court is liable to appeal, may be considered on an appeal against the final judgment of the court. - (a) uphold the challenge and discharge the person selected to serve as a juror (or reserve juror); or - (b) dismiss the challenge. - (a) a party may— (i) if the party has not already exhausted the party’s rights of peremptory challenge—challenge the person peremptorily; or (ii) challenge the person for cause; - (i) if the party has not already exhausted the party’s rights of peremptory challenge—challenge the person peremptorily; or - (ii) challenge the person for cause; - in the same way as on the original selection of persons to serve as jurors (or reserve jurors); and Editor’s note— See sections 42 (Peremptory challenges) and 43 (Challenges for cause). - (b) the person is also liable to be questioned, cross-examined and challenged under this section in the same way as the other persons selected as jurors or reserve jurors. - (i) if the party has not already exhausted the party’s rights of peremptory challenge—challenge the person peremptorily; or - (ii) challenge the person for cause;