New South Wales Consolidated Acts

JURY ACT 1977 - SECT 53A

53A Mandatory discharge of individual juror

(1) The court or coroner must discharge a juror if, in the course of any trial or coronial inquest:

(a) it is found that the juror was mistakenly or irregularly empanelled, whether because the juror was disqualified or ineligible to serve as a juror or was otherwise not returned and selected in accordance with this Act, or

(b) the juror becomes disqualified from serving, or ineligible to serve, as a juror, or

(c) the juror has engaged in misconduct in relation to the trial or coronial inquest.

(2) In this section:
"misconduct", in relation to a trial or coronial inquest, means:

(a) conduct that constitutes an offence against this Act, or

Note: For example, under section 68C it is an offence for a juror to make certain inquiries except in the proper exercise of his or her functions as a juror.

(b) any other conduct that, in the opinion of the court or coroner, gives rise to the risk of a substantial miscarriage of justice in the trial or inquest.