58Juries at special hearings

#### 58 Juries at special hearings 58 Juries at special hearings > > (1) An election to have a special hearing determined by a jury must be made— > > > > > (a) on a day before the day fixed for the special hearing, if the election is made by the defendant, or > > > > > (b) at least 7 days before the day fixed for the special hearing, if the election is made by the prosecutor. > > > (2) The defendant, or an Australian legal practitioner for the defendant, may subsequently elect to have the special hearing determined by a judge instead of a jury. > > > (3) The [Jury Act 1977](/view/html/inforce/current/act-1977-018) applies to the constitution of a jury, and to a jury constituted, for a special hearing in the same way as it applies to the constitution of a jury, and to a jury constituted, for a trial of criminal proceedings. > > > (4) A member of a jury otherwise constituted for the purpose of a proceeding related to the same defendant and the same offence is not eligible to be a member of a jury constituted for the purposes of a special hearing. > > > (5) Rules of court may be made with respect to elections to have a special hearing determined by a jury.