Document ID: chunk:federal_register_of_legislation:C2024C00819:section:23dzq
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 23DZQ
Character Range: 160126–161612

23DZQ  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 in accordance with section 23DZJ; 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 23EAB seated in the jury box;
any potential juror who has been ordered to stand aside is eligible to have their name and/or number called a second time in accordance with section 23DZJ.
Note: Subsection 23DZJ(1) requires potential jurors to be selected at random.
 (4) If a potential juror has their 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 23DZN).
 (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