Juries Act 1981

Constitution of jury

22B: Further provisions about discharge under section 22

You could also call this:

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

The court can discharge a jury or some jurors under section 22. You can ask the court to do this or the court can decide to do it on its own. When someone asks the court to discharge the jury, the person on trial has the right to be there and say what they think. The court can hold a hearing and look at any evidence it wants when deciding whether to discharge the jury, but it cannot look at what the jury said to each other when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1782627.

This page was last updated on 25 December 2025 — View changes

Topics:

Crime and justice > Courts and legal help

22A: Consequences of discharge under section 22, or

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

22C: Procedure if Judge sitting with jury on trial of criminal case becomes incapable of acting, or

"What happens if a Judge can't finish a trial with a jury"

22BFurther provisions about discharge under section 22

The court may discharge the jury or a juror or jurors under section 22(1) or (3)—
on an application for the purpose; or
on its own initiative.

A defendant is entitled to appear and be heard on an application under section 22.
In considering whether to discharge the jury or a juror or jurors under section 22(1) or (3), the court may conduct a hearing, and consider any evidence (other than evidence of the jury’s deliberations) it thinks fit.

Notes

Section 22B: inserted, on 25 December 2008 (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).