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Criminal Procedure Act 2011

Trial - Provisions applying to jury trials - Discretion to keep jury together

109: Discretion to keep jury together

You could also call this:

"The court can choose to keep jurors together during a trial break to help keep them safe and fair."

Illustration for Criminal Procedure Act 2011

When you are on a jury, the trial usually keeps going without a break after you start discussing the case. However, the court can decide to stop the trial for a while, which is called an adjournment, using its power under section 167. If this happens, the court can choose to keep the jury together during the break.

The court can also decide how to stop the jury from talking to anyone about the trial during this time. If the court does not make this decision, the jury is allowed to separate during the break.

If the jury is kept together, the court must make sure they are looked after properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360187.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 4Trial
Provisions applying to jury trials: Discretion to keep jury together

109Discretion to keep jury together

  1. From the time when the defendant is given in charge to the jury the trial must proceed continuously, subject to the power of the court under section 167 to adjourn it.

  2. If the court adjourns the trial, it may direct that during the adjournment the jury must be kept together, and that proper provision be made for preventing the jury from communicating with anyone on the subject of the trial.

  3. If no direction under subsection (2) is given, the jury may separate during the adjournment.

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