Victorian Consolidated Legislation

Juries Act 2000 - SECT 38

Crown right to stand aside jurors in criminal trials

38. Crown right to stand aside jurors in criminal trials



(1) The Crown may require to stand aside-

   (a)  6 potential jurors, if only 1 person is arraigned in the trial; or

   (b)  10 potential jurors, if 2 persons are arraigned in the trial; or

   (c)  4 potential jurors for each person arraigned in the trial, if 3 or
        more persons are arraigned.

(2) The requirement to stand aside must be made as the potential juror comes
to take his or her seat and before he or she takes it.

(3) A potential juror who has been required to stand aside by the Crown under
this section continues to be a member of the panel selected or allocated by
the pool supervisor for the trial.

(4) If a potential juror who has been required to stand aside by the Crown is
selected again by the proper officer in accordance with the procedure set out
in section 36, the Crown may not require that potential juror to stand aside
again, but may challenge him or her for cause.

(5) This section does not apply to an investigation under the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997.