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JURY ACT 1977 - SECT 53A
Mandatory discharge of individual juror
53A Mandatory discharge of individual juror
(1) The court or coroner must discharge a juror if, in the course of any trial
or coronial inquest-- (a) it is found that the juror was mistakenly or
irregularly empanelled, whether because the juror was excluded from jury
service or was otherwise not returned and selected in accordance with this
Act, or
(b) the juror has become excluded from jury service, or
(c) the
juror has engaged in misconduct in relation to the trial or coronial inquest.
(2) In this section--
"misconduct" , in relation to a trial or coronial inquest, means-- (a) conduct
that constitutes an offence against this Act, or Note : For example, under
section 68C it is an offence for a juror to make certain inquiries except in
the proper exercise of his or her functions as a juror.
(b) any other conduct
that, in the opinion of the court or coroner, gives rise to the risk of a
substantial miscarriage of justice in the trial or inquest.
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