Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23dza
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23DZA
Character Range: 62097–63579

23DZA  Prosecutor may request that potential jurors be stood aside
 (1) This section sets out the prosecutor's right to request that a potential juror be stood aside.
 (2) If:
 (a) a potential juror's name and/or number is called under subsection 23DU(1); and
 (b) before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside;
the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time.
 (3) If:
 (a) all potential jurors on the jury panel have been called for a first time; and
 (b) there is fewer than the required number of jurors under section 23DC seated in the jury box;
any potential juror who has been ordered to stand aside is eligible to have his or her name and/or number called a second time in accordance with section 23DU.
Note: Subsection 23DU(1) requires potential jurors to be called at random.
 (4) If a potential juror has his or her name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.
Note: The prosecutor may still challenge the potential juror's inclusion in the jury (see section 23DY).
 (5) The prosecutor is entitled to:
 (a) 4 requests under subsection (2); and
 (b) an additional request under subsection (2) if more than 12 jurors are to be empanelled for the proceedings.

Subdivision E—Other jury matters