QLDIn ForceAct
Jury Act 1995
sec.56Discharge or death of individual juror
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### sec.56 Discharge or death of individual juror
If, after a juror has been sworn—
it appears to the judge (from the juror’s own statements or from evidence before the judge) that the juror is not impartial or ought not, for other reasons, be allowed or required to act as a juror at the trial; or
the juror becomes incapable, in the judge’s opinion, of continuing to act as a juror; or
the juror becomes unavailable, for reasons the judge considers adequate, to continue as a juror;
the judge may, without discharging the whole jury, discharge the juror.
If a juror dies or is discharged before the trial begins, the judge may direct that another juror be selected and sworn.
(sec.56-ssec.1) If, after a juror has been sworn— it appears to the judge (from the juror’s own statements or from evidence before the judge) that the juror is not impartial or ought not, for other reasons, be allowed or required to act as a juror at the trial; or the juror becomes incapable, in the judge’s opinion, of continuing to act as a juror; or the juror becomes unavailable, for reasons the judge considers adequate, to continue as a juror; the judge may, without discharging the whole jury, discharge the juror.
(sec.56-ssec.2) If a juror dies or is discharged before the trial begins, the judge may direct that another juror be selected and sworn.
- (a) it appears to the judge (from the juror’s own statements or from evidence before the judge) that the juror is not impartial or ought not, for other reasons, be allowed or required to act as a juror at the trial; or
- (b) the juror becomes incapable, in the judge’s opinion, of continuing to act as a juror; or
- (c) the juror becomes unavailable, for reasons the judge considers adequate, to continue as a juror;