FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DZA Prosecutor may request that potential jurors be stood aside
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DZA
Prosecutor may request that potential jurors be stood aside(1) This section sets out the prosecutor's right to request that a potential juror be stood aside.
(a) a potential juror's name and/or number is called under subsection 23DU(1); and
(b) before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside;
the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time.
(a) all potential jurors on the jury panel have been called for a first time; and
(b) there is fewer than the required number of jurors under section 23DC seated in the jury box;
any potential juror who has been ordered to stand aside is eligible to have his or her name and/or number called a second time in accordance with section 23DU.
Note: Subsection 23DU(1) requires potential jurors to be called at random.
(4) If a potential juror has his or her name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.
Note: The prosecutor may still challenge the potential juror's inclusion in the jury (see section 23DY).
(5) The prosecutor is entitled to:
(a) 4 requests under subsection (2); and
(b) an additional request under subsection (2) if more
than 12 jurors are to be empanelled for the proceedings.