Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23el
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23EL
Character Range: 67839–69475

23EL  Discharge of jury

Discharge if composition of jury unsatisfactory
 (1) Immediately following the empanelment of the jury for a trial, the Court may discharge the entire jury if the Court is satisfied that the exercise of challenges has resulted in a jury whose composition is such that the trial might be, or might appear to be, unfair.

Discharge if each count relating to the accused is dealt with
 (2) The Court must discharge the jury in relation to an accused if each count in the indictment that relates to the accused is covered by one of the following paragraphs:
 (a) the Court is satisfied that the jury is not able to reach a unanimous verdict on the count in relation to the accused;
 (b) the jury delivers its verdict on the count in relation to the accused;
 (c) the Court, under subsection 23FJ(1), accepts a plea of guilty by the accused to the count;
 (d) the Court enters, under subsection 23FH(2), a judgment of acquittal for the count in relation to the accused;
 (e) the count is an alternate to a count covered by one of the above paragraphs.

Discharge in the interests of justice
 (3) The Court may, at any time during a trial, discharge a jury if the Court is satisfied that it is expedient to do so in the interests of justice.

Discharge if Judge incapable of proceeding
 (4) If, during a trial, a Judge becomes incapable of proceeding with the trial or directing the discharge of the jury, another Judge must discharge the jury.

Discharge if number of jurors falls below 10
 (5) The Court must discharge the jury immediately if the number of jurors falls below that permitted in subsection 23DD(3).