New South Wales Consolidated Acts

JURY ACT 1977 - SECT 22

22 Continuation of trial or inquest on death or discharge of juror

Where in the course of any trial or coronial inquest any member of the jury dies or is discharged by the court or coroner under Part 7A, the jury shall be considered as remaining for all the purposes of that trial or inquest properly constituted if--

(a) in the case of criminal proceedings, the number of its members--

(i) is not reduced below 10,

(ii) is reduced below 10 but approval in writing is given to the reduced number of jurors by or on behalf of both the person prosecuting for the Crown and the accused or each of the accused, or

(iii) is reduced below 10 but not below 8 and the trial has been in progress for at least 2 months,

(b) in the case of civil proceedings, the number of its members is not reduced, in the case of a jury of 4, below 3 or, in the case of a jury of 12, below 8, or

(c) in the case of a coronial inquest, the number of its members is not reduced below 4,