PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

Civil jury trials

I166Discharge or death of juror during trial

1

In jury proceedings, the sheriff may, in the course of the trial, discharge a member of the jury from further service on the jury if satisfied that the juror—

a

is, by reason of illness, unable to continue to serve on the jury, or

b

should, for any other reason, be discharged from further service on the jury.

2

Subsections (3) and (4) apply where a member of the jury—

a

is discharged under subsection (1), or

b

dies.

3

So long as there remain at least 10 members of the jury—

a

the remaining members of the jury are in all respects deemed to constitute the jury for the purpose of the trial, and

b

any verdict returned by the remaining members of the jury, whether unanimous or by majority, is to have the same force and effect as if it were a unanimous or, as the case may be, majority verdict of the whole number of the jury.

4

If there remain fewer than 10 members of the jury, the sheriff must—

a

discharge the jury, and

b

order the proceedings to be tried by another jury.