xmlns:atom="http://www.w3.org/2005/Atom"

Challenges

Challenge for name not being on Jurors List

16.—(1) Subject to Article 5(2) and without prejudice to any other right of challenge, the fact that the name of any person empanelled as a juror is not on the Jurors List or that such a person was empanelled contrary to Article 5 shall be a good cause of challenge to that person,

(2) If the court is satisfied upon production of the Jurors List or by such other evidence as the court deems sufficient that a person empanelled as a juror—

(a)is not named in the Jurors List, or

(b)was empanelled contrary to Article 5,

the court shall discharge him.

(3) The onus of proving that a person ought to be discharged shall lie upon the person challenging him.

(4) If any person whose name is not contained in the Jurors List is empanelled and sworn as a juror without objection, the trial shall not be interrupted or deemed a mistrial on account of the service of that juror.