Victorian Consolidated Legislation

Juries Act 2000 - SECT 48

Ballot where additional jurors on jury

48. Ballot where additional jurors on jury



(1) If-

   (a)  in a criminal trial, more than 12 jurors; or

   (b)  in a civil trial, more than 6 jurors-

have been empanelled and remain at the time at which the jury is required to
retire to consider its verdict, a ballot must be conducted by selecting the
number of jurors necessary to reduce the jury to 12 or 6, as the case
requires, before the jury retires to consider its verdict.

(2) If the foreperson is selected in the ballot, that selection is to be
disregarded and the foreperson remains on the jury.

(3) If a criminal trial is not concluded after the verdict is given (whether
because it is not in respect of all the accused persons or not in respect of
all the counts in the presentment), the jurors selected in the ballot must
then return to the jury, and continue as part of it, for the continuation of
the trial.

(4) A fresh ballot must be conducted each time the jury is required to retire
to consider its verdict.

(5) Subject to subsections (2) and (3), the jurors who are selected in the
ballot must be discharged but remain liable for further jury service, unless
the court otherwise orders.

(6) The jurors who, after a ballot, remain on the jury until a verdict has
been given or until the jurors are discharged, remain liable for further jury
service, unless the court otherwise orders.