Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DZA

             (1)  This section sets out the prosecutor's right to request that a potential juror be stood aside.

             (2)  If:

                     (a)  a potential juror's name and/or number is called under subsection 23DU(1); and

                     (b)  before the potential juror sits in the jury box, the prosecutor requests the Court to order the potential juror to stand aside;

the Court must order the potential juror to stand aside until all other potential jurors on the jury panel have been called for a first time.

             (3)  If:

                     (a)  all potential jurors on the jury panel have been called for a first time; and

                     (b)  there is fewer than the required number of jurors under section 23DC seated in the jury box;

any potential juror who has been ordered to stand aside is eligible to have his or her name and/or number called a second time in accordance with section 23DU.

Note:          Subsection 23DU(1) requires potential jurors to be called at random.

             (4)  If a potential juror has his or her name and/or number called for a second time in accordance with subsection (3) the prosecutor may not request that the potential juror be stood aside.

Note:          The prosecutor may still challenge the potential juror's inclusion in the jury (see section 23DY).

             (5)  The prosecutor is entitled to:

                     (a)  4 requests under subsection (2); and

                     (b)  an additional request under subsection (2) if more than 12 jurors are to be empanelled for the proceedings.