JURY ACT 1995 - SECT 47
Special procedure for challenge for cause in certain cases
JURY ACT 1995 - SECT 47
Special procedure for challenge for cause in certain cases
47 Special procedure for challenge for cause in certain cases
(1) If a judge who is to preside at a civil or criminal trial is satisfied, on
an application by a party under this section, that there are special reasons
for inquiry under this section, the judge may authorise the questioning of
persons selected to serve as jurors and reserve jurors when the court reaches
the final stage of the jury selection process.
Example—
Prejudicial
pre-trial publicity may be a special reason for questioning persons selected
as jurors or reserve jurors in the final stage of the jury selection process.
(2) The application must be made to the judge at least 3 days before the date
fixed for the trial to start unless the judge, for special reasons, dispenses
with the requirement.
(3) On the application, the applicant may suggest, and
the judge may decide, questions that are to be put to persons selected to
serve as jurors or reserve jurors for the trial.
(4) The judge must put the
questions in a way decided by the judge.
Example—
The judge might decide
that the questions are to be put to the persons selected to serve as jurors or
reserve jurors in each other’s presence in open court, or that the questions
are to be put to each person individually.
(5) If, after hearing the
answers of a person questioned under this section, the judge considers further
inquiry is justified, the judge may give the parties leave to cross-examine
the person on oath (under limits fixed by the judge) to find out whether the
person is impartial.
(6) When a person has answered the questions put under
this section and any further examination allowed by the judge has finished, a
party may make a challenge for cause against the person on the ground that the
person is not impartial.
(7) A party who makes a challenge under this section
must inform the judge of the reasons for the challenge and, if the party has
information or materials relevant to the challenge in addition to the
information or materials already before the court, give the judge the
information and materials.
(8) After considering the evidence and submissions
of the parties the judge must—
(a) uphold the challenge and discharge the
person selected to serve as a juror (or reserve juror); or
(b) dismiss the
challenge.
(9) If the judge upholds the challenge and discharges the selected
person, another person must be selected from the jury panel to fill the
vacancy.
(10) When a person is selected to fill a vacancy under subsection
(9) —
(a) a party may—
(i) if the party has not already exhausted the
party’s rights of peremptory challenge—challenge the person peremptorily;
or
(ii) challenge the person for cause;
in the same way as on the original
selection of persons to serve as jurors (or reserve jurors); and
Editor’s
note—
See sections 42(Peremptory challenges) and 43 (Challenges for
cause).
(b) the person is also liable to be questioned, cross-examined and
challenged under this section in the same way as the other persons selected as
jurors or reserve jurors.
(11) A decision of the judge under this section is
not subject to interlocutory appeal but, if the final judgment of the court is
liable to appeal, may be considered on an appeal against the final judgment of
the court.
