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Juries Act 1981

Constitution of jury

22A: Consequences of discharge under section 22

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"What happens if a juror is discharged from a jury"

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If you are a juror and get discharged under section 22, it does not mean you cannot serve on another jury. The court can choose another juror to replace you if this happens before the case starts. You will still have to follow the rules. If you were chosen as the foreperson and then get discharged, another foreperson must be chosen. This new foreperson is chosen from the other jurors, including any new ones who were selected to replace you. If the court decides to continue with fewer than 12 jurors, their verdict is still valid. When the jury is discharged under section 22, the court must either start a new jury or postpone the trial. The court will decide what to do based on what is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1782626.

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22: Discharge of juror or jury, or

"The court can let you or the whole jury go if you can't do your job or if there's an emergency."

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22B: Further provisions about discharge under section 22, or

"What happens when a jury is discharged from a trial"

22AConsequences of discharge under section 22

  1. If a juror is discharged under section 22(1)(b),—

  2. the discharge of the juror does not affect the juror’s liability to serve on any other jury:
    1. the court may, if the discharge occurs before the case is opened or the defendant is given in charge, require a further juror to be selected from the panel and sworn under sections 18 and 20:
      1. the choice of a foreperson is not affected (even if 1 or more replacement jurors are selected and sworn under paragraph (b)) if that choice has already been made and the juror who was chosen as foreperson is not the juror discharged:
        1. if the juror has, by the time he or she is discharged, been chosen as foreperson, another foreperson must be chosen under section 21 from among the other jurors (including any 1 or more replacement jurors selected and sworn under paragraph (b)).

          1. Repealed

          2. If the court proceeds with fewer than 12 jurors under section 22(1)(b), their verdict (whether unanimous or majority) has, despite section 17, the same effect as a verdict of 12 jurors.

          3. On discharging the jury under section 22(1)(a) or (3), the court must either—

          4. direct that a new jury be empanelled during the sitting of the court; or
            1. postpone the trial on any terms justice requires.

              Notes
              • Section 22A: inserted, on (applying only to any trial for which a jury is constituted on or after that date), by section 15(1) of the Juries Amendment Act 2008 (2008 No 40).
              • Section 22A(1)(b): amended, on , by section 7 of the Juries Amendment Act 2011 (2011 No 90).
              • Section 22A(2): repealed, on (applying only to a trial for which a jury is constituted after that date), by section 6(1) of the Juries Amendment Act 2011 (2011 No 90).
              • Section 22A(3): amended, on (applying only to a trial for which a jury is constituted after that date), by section 6(2) of the Juries Amendment Act 2011 (2011 No 90).