Victorian Consolidated Legislation

Juries Act 2000 - SECT 39

Peremptory challenges in criminal trials

39. Peremptory challenges in criminal trials



(1) Each person arraigned is allowed to challenge peremptorily-

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

   (b)  5 potential jurors, if 2 persons are arraigned in the trial; or

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

(2) In a criminal trial, each peremptory challenge must be made as the
potential juror comes to take his or her seat and before he or she takes it.

(3) On the application of a person arraigned, the court must permit a legal
practitioner who represents the person, or the clerk of the legal
practitioner, to assist the person in making a peremptory challenge.

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