After section 38 of the Principal Act , the following section is inserted:

38A.     Discharge of juror

(1)  If, at any time during a trial for civil issues or for the assessment of damages, a juror dies or the judge is of opinion that a juror ought not to be required to continue to act as such, the judge may, instead of discharging the jury –

(a) discharge that juror; and

(b) direct that the trial is to proceed with the remaining jurors if they number not less than 6 –

and the verdict of the remaining jurors is to have the same effect as if all the jurors had continued to be present.

(2)  If, after a juror has been sworn, it appears to the judge from the juror's own statement that he or she is not indifferent as between the parties to the proceedings or that for any other reason he or she ought not to be allowed or required to act as a juror in those proceedings, the judge may, without discharging the whole of the jury, discharge that juror and direct that another juror be sworn in his or her place.