Juries Act 1981

Challenges

24: Challenges without cause

You could also call this:

"Challenging Jurors Without a Reason"

Illustration for Juries Act 1981

When you are part of a trial with a jury, you can challenge some jurors without giving a reason. You can challenge up to 4 jurors without a reason. This rule applies to every case that is tried before a jury. If there are 2 or more people charged together in a criminal case, the prosecutor can challenge up to 8 jurors without a reason. This is a special rule that applies to cases with multiple defendants. The prosecutor has more challenges without a reason in these cases. If a juror is discharged and replaced with another under section 22A(1)(b), you can use any challenges without a reason that you have not already used. You can use these challenges when a new juror is selected. This rule helps you use all your challenges without a reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM44826.

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23: Challenge of juror for want of qualification, or

"Challenging a juror who is not qualified to be on a jury"


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25: Challenges for cause, or

"Challenging a juror who may not be fair or able to do their job"

24Challenges without cause

  1. In every case to be tried before a jury, each of the parties is entitled to challenge without cause 4 jurors only.

  2. However, if 2 or more defendants in a criminal case are charged together, the Crown or other prosecutor is entitled to challenge without cause 8 jurors only.

  3. If a juror is discharged and is to be replaced with another under section 22A(1)(b), each party is entitled in the selection of the new juror to exercise the number of challenges without cause that the party has not already exercised.

Notes
  • Section 24: replaced, on , by section 17 of the Juries Amendment Act 2008 (2008 No 40).
  • Section 24(2): amended, on , by section 7 of the Juries Amendment Act 2011 (2011 No 90).