Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23em
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23EM
Character Range: 69475–70995

23EM  Consequences of discharging the jury

General rule
 (1) The Court must order a new trial of an accused in relation to a count in the indictment if:
 (a) the jury is discharged without delivering a unanimous verdict on the count in relation to the accused; and
 (b) the count is not covered by paragraph 23EL(2)(c), (d) or (e).

If Court thinks it appropriate to empanel a new jury from the same jury panel
 (2) Subsection (1) does not apply if:
 (a) the jury is discharged under subsection 23EL(1); and
 (b) the Court thinks it appropriate to give a direction under subsection (3).
 (3) If the jury is discharged under subsection 23EL(1), the Court may direct an officer of the Court to start the process for empanelling a new jury under section 23DU from the same jury panel.
 (4) For the purposes of empanelling the new jury, this Division (other than this section) applies as if the first jury had not been empanelled.
Note 1: This has the effect of resetting the limits on challenges, and for the standing aside, of potential jurors.
Note 2: The Court may direct the Sheriff to supplement the jury panel under section 23DW.
 (5) Despite subsection (4):
 (a) the jurors on the first jury, and any potential jurors discharged before the empanelling of the first jury, cannot be empanelled on the new jury and remain discharged; and
 (b) to avoid doubt, section 23DT is taken to have been satisfied in relation to the empanelling of the new jury.

Subdivision F—Matters relating to pleas, the trial and verdicts