CRIMINAL PROCEDURE ACT 2004 - SECT 104
CRIMINAL PROCEDURE ACT 2004 - SECT 104
104 . Challenging jurors
(1) An accused cannot
object to the whole panel of jurors.
(2) The right to
challenge a juror under subsection (3), (4) or (5) may only be exercised
before the juror is sworn.
(3) The prosecutor may
challenge peremptorily —
(a) if
there is one accused, 3 jurors;
(b) if
there are 2 or more accused, the number of jurors equal to 3 times the number
of accused, whether or not any of the accused consent to join in their
challenges.
(4) The accused, or if
there are 2 or more accused, each accused, may challenge 3 jurors
peremptorily.
(5) In addition to the
rights in subsections (3) and (4), the prosecutor or an accused may challenge
a juror on the ground —
(a) that
under the Juries Act 1957 section 5 the juror is not eligible or not qualified
to serve as a juror; or
(b) that
the juror is not indifferent as between the accused and the State of Western
Australia.
(6) If it is necessary
to decide any fact for the purposes of determining a challenge made under
subsection (5), the fact must be decided by the trial judge on any evidence
and in any manner he or she thinks just.
[Section 104 amended: No. 13 of 2011 s. 4 and 38.]