(3) No two or more members of a jury to try an issue in a court shall be sworn together.
(4) Subject to subsection (5) below, the jury selected by any one ballot shall try only one issue (but any juror shall be liable to be selected on more than one ballot).
(5) Subsection (4) above shall not prevent—
- (a) the trial of two or more issues by the same jury if the trial of the second or last issue begins within 24 hours from the time when the jury is constituted, or
- (b) in a criminal case, the trial of fitness to plead by the same jury as that by whom the accused is being tried, if that is so directed by the court under section 4(4)(b) of the 1964 c. 84.Criminal Procedure (Insanity) Act 1964, or
- (c) in a criminal case beginning with a special plea, the trial of the accused on the general issue by the jury trying the special plea.
(6) In the cases within subsection (5)(a), (b) and (c) above the court may, on the trial of the second or any subsequent issue, instead of proceeding with the same jury in its entirety, order any juror to withdraw, if the court considers he could be justly challenged or excused, or if the parties to the proceedings consent, and the juror to replace him shall, subject to subsection (2) above, be selected by ballot in open court.
Challenge. 12.—(1) In proceedings for the trial of any person for an offence on indictment—
- (a) that person may challenge not more than seven jurors without cause and all or any of the jurors for cause, and
- (b) any challenge for cause shall be tried by the judge before whom that person is to be tried.
(2) Any party to county court proceedings to be tried by a jury shall have the same right of challenge to all or any of the jurors as he would have in the High Court.
(3) A challenge to a juror in any court shall be made after his name has been drawn by ballot (unless the court, pursuant to section 11(2) of this Act, has dispensed with balloting for him) and before he is sworn.
(4) The fact that a person summoned to serve on a jury is not qualified to serve shall be a ground of challenge for cause; but subject to that, and to the foregoing provisions of this section, nothing in this Act affects the law relating to challenge of jurors.
(5) In section 29 of the 1825 c. 50.Juries Act 1825 (challenges to jurors by the Crown) the words “the Crown Court” shall continue