to be substituted for the words “any of the courts hereinbefore mentioned”, notwithstanding the repeal by this Act of paragraph 3(2) of Schedule 4 to the 1971 c. 23.
1972 c. 71.Courts Act 1971 and of the entries relating to the said Act in Schedule 5 to the Criminal Justice Act 1972.
(6) Without prejudice to subsection (4) above, the right of challenge to the array, that is to say the right of challenge on the ground that the person responsible for summoning the jurors in question is biased or has acted improperly, shall continue to be unaffected by the fact that, since the coming into operation of section 31 of the Courts Act 1971 (which is replaced by this Act), the responsibility for summoning jurors for service in the Crown Court, the High Court and county courts has lain with the Lord Chancellor.
Separation. 13. Upon the trial of any person for an offence on indictment the court may, if it thinks fit, at any time before the jury consider their verdict, permit them to separate.
Views. 14. Crown Court rules, and rules of court for civil cases, may make provision as respects views by jurors, and the places to which a juror may be called on to go to view shall not be restricted to any particular county or other area.
Refreshment. 15. Jurors, after being sworn, may, in the discretion of the court, be allowed reasonable refreshment at their own expense.
Continuation of criminal trial on death or discharge of a juror. 16.—(1) Where in the course of a trial of any person for an offence on indictment any member of the jury dies or is discharged by the court whether as being through illness incapable of continuing to act or for any other reason, but the number of its members is not reduced below nine, the jury shall nevertheless (subject to subsections (2) and (3) below) be considered as remaining for all the purposes of that trial properly constituted, and the trial shall proceed and a verdict may be given accordingly.
(2) On a trial for murder or for any offence punishable with death subsection (1) above shall not apply on the death or discharge of any member of the jury unless assent to its then applying is given in writing by or on behalf of both the prosecution and the accused or each of the accused.
(3) Notwithstanding subsection (1) above, on the death or discharge of a member of the jury in the course of a trial of any person for an offence on indictment the court may discharge the jury in any case where the court sees fit to do so.
Majority verdicts. 17.—(1) Subject to subsections (3) and (4) below, the verdict of a jury in proceedings in the Crown Court or the High Court need not be unanimous if—
- (a) in a case where there are not less than eleven jurors, ten of them agree on the verdict; and
