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Juries Act 1981

Constitution of jury

22: Discharge of juror or jury

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

Illustration for Juries Act 1981

You are on a jury. The court can discharge you if you cannot do your job. The court can also discharge the whole jury if needed. This can happen for several reasons. You might be discharged if you are ill or someone close to you is ill or has died. You might also be discharged if you know someone involved in the case. The court will decide what to do. The court can discharge the jury if there is an emergency. They can also discharge the jury if you have been discussing the case for a long time and cannot agree. The court will consider what is fair. In this situation, the court includes a Judge. The court can make decisions about the jury, including discharging them. You can find more information in sections 22A and 22B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM44822.

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22A: Consequences of discharge under section 22, or

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

22Discharge of juror or jury

  1. When this subsection applies, the court, having regard to the interests of justice, may either—

  2. discharge the jury without the jury giving a verdict (whether unanimous or majority); or
    1. discharge the juror or jurors concerned from the panel and jury and, subject to subsection (1A), proceed with the remaining jurors and take their verdict (whether unanimous or majority).

      1. The court may proceed with fewer than 10 jurors under subsection (1)(b) only if all parties consent to doing so and the court, having regard to the interests of justice, considers that it should do so.

      2. Subsection (1) applies if, and only if, before or after the jury is constituted but before the jury’s verdict is taken, the court considers that—

      3. a juror is incapable of performing, or continuing to perform, the juror’s duty as a juror in the case; or
        1. a juror is disqualified; or
          1. a juror’s spouse, civil union partner, or de facto partner, member of the juror’s family, or member of the family of the juror’s spouse, civil union partner, or de facto partner, is ill or has died; or
            1. a juror is personally concerned in the facts of the case; or
              1. a juror is closely connected with a party or witness or prospective witness.

                1. The court may also discharge the jury without it giving a verdict (whether unanimous or majority) if—

                2. a casualty or emergency makes it, in the court’s opinion, highly expedient for the ends of justice to do so; or
                  1. the jury has remained in deliberation for at least 4 hours and the jurors do not agree on the verdict (whether unanimous or majority) to be given, and the court thinks the period for which the jury has remained in deliberation is reasonable.

                    1. Nothing in this section affects any rules of court that—

                    2. permit a jury for a civil case to be discharged without giving a verdict if all parties consent; or
                      1. apply when a Judge sitting with a jury on the trial of any civil case becomes incapable of acting.

                        1. In this section and sections 22A and 22B, court includes, without limitation, a Judge of the court.

                        Notes
                        • Section 22: replaced, 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 22(1)(b): amended, on (applying only to a trial for which a jury is constituted after that date), by section 5(1) of the Juries Amendment Act 2011 (2011 No 90).
                        • Section 22(1A): inserted, on (applying only to a trial for which a jury is constituted after that date), by section 5(2) of the Juries Amendment Act 2011 (2011 No 90).