• Specific Year
    Any

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DU Empanelling the jury

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DU

Empanelling the jury

  (1)   The Court must ensure that an officer of the Court calls:

  (a)   the name; or

  (b)   if a direction under section   23EB has modified the procedure--the number;

of a potential juror selected at random from the jury panel.

  (2)   If:

  (a)   2 or more potential jurors have the same name; and

  (b)   their name is required to be called under subsection   (1);

the officer of the Court must call their name and number.

  (3)   If a potential juror's name and/or number is called, the potential juror must sit in the jury box unless, before the potential juror can do so, the potential juror is:

  (a)   excused under this Subdivision from serving on the jury; or

  (b)   stood aside under section   23DZA; or

  (c)   discharged under subsection   23EI(2).

Note:   A potential juror is discharged under subsection   23EI(2) if the potential juror's inclusion on the jury is successfully challenged (see sections   23DX to 23DZ).

  (4)   The officer of the Court must continue to call the names and/or numbers of potential jurors, as provided under subsection   (1), until the required number of jurors under section   23DC are seated in the jury box.

  (5)   When the required number of jurors under section   23DC are seated in the jury box, those potential jurors must be sworn or make an affirmation.

  (6)   When every potential juror seated in the jury box has been sworn, or has made an affirmation, those potential jurors are taken to have been empanelled as the jury for the trial.