sec.53Separation of jury

### sec.53 Separation of jury After the jury in a criminal trial has been sworn, the jury must not separate until it has given its verdict or has been discharged by the judge. However, a jury may separate in accordance with this section. Before a jury retires to consider its verdict, the judge must allow the jury to separate during a lunch or dinner adjournment to obtain meals. However, if the judge considers that allowing the jury to separate during a lunch or dinner adjournment may prejudice a fair trial, the judge may order the jury not to separate. Subsection (6) applies subject to subsections (3) and (4) . Also, before a jury retires to consider its verdict, the judge may, if the judge considers that allowing the jury to separate would not prejudice a fair trial, allow the jury to separate— during an adjournment of the court; or while proceedings are held in the jury’s absence. After the jury has retired to consider its verdict, the judge— may allow the jury to separate, or an individual juror to separate from the jury, if the judge considers that allowing the jury or juror to separate would not prejudice a fair trial; and may impose conditions to be complied with by the jurors or juror. A juror must comply with any conditions imposed by the judge under subsection (7) (b) , unless the juror has a reasonable excuse. Maximum penalty—10 penalty units or 2 months imprisonment. If a juror separates from the rest of the jury in contravention of a provision of this section, the juror may be punished summarily for contempt of the court. The validity of proceedings is not affected if a juror contravenes a provision of this section but, if the contravention is discovered before the verdict is given, the judge may discharge the jury if the judge considers that the contravention appears likely to prejudice a fair trial. s 53 amd 1996 No. 79 s 52 sub 2008 No. 54 s 26 (sec.53-ssec.1) After the jury in a criminal trial has been sworn, the jury must not separate until it has given its verdict or has been discharged by the judge. (sec.53-ssec.2) However, a jury may separate in accordance with this section. (sec.53-ssec.3) Before a jury retires to consider its verdict, the judge must allow the jury to separate during a lunch or dinner adjournment to obtain meals. (sec.53-ssec.4) However, if the judge considers that allowing the jury to separate during a lunch or dinner adjournment may prejudice a fair trial, the judge may order the jury not to separate. (sec.53-ssec.5) Subsection (6) applies subject to subsections (3) and (4) . (sec.53-ssec.6) Also, before a jury retires to consider its verdict, the judge may, if the judge considers that allowing the jury to separate would not prejudice a fair trial, allow the jury to separate— during an adjournment of the court; or while proceedings are held in the jury’s absence. (sec.53-ssec.7) After the jury has retired to consider its verdict, the judge— may allow the jury to separate, or an individual juror to separate from the jury, if the judge considers that allowing the jury or juror to separate would not prejudice a fair trial; and may impose conditions to be complied with by the jurors or juror. (sec.53-ssec.8) A juror must comply with any conditions imposed by the judge under subsection (7) (b) , unless the juror has a reasonable excuse. Maximum penalty—10 penalty units or 2 months imprisonment. (sec.53-ssec.9) If a juror separates from the rest of the jury in contravention of a provision of this section, the juror may be punished summarily for contempt of the court. (sec.53-ssec.10) The validity of proceedings is not affected if a juror contravenes a provision of this section but, if the contravention is discovered before the verdict is given, the judge may discharge the jury if the judge considers that the contravention appears likely to prejudice a fair trial. - (a) during an adjournment of the court; or - (b) while proceedings are held in the jury’s absence. - (a) may allow the jury to separate, or an individual juror to separate from the jury, if the judge considers that allowing the jury or juror to separate would not prejudice a fair trial; and - (b) may impose conditions to be complied with by the jurors or juror.