For section 90 substitute—

“90Effect of death or discharge of jurors

(1)

This section applies where, in the course of a trial, a juror—

(a)

dies, or

(b)

is discharged by the court on the court being satisfied that it is for any reason inappropriate for the juror to continue to serve as a juror.

(2)

The court may determine that the trial is to proceed before the remaining jurors provided that—

(a)

there are at least 12 remaining jurors, and

(b)

the court is satisfied that it is in the interests of justice that the trial proceed before the remaining jurors.

(3)

Before determining whether the trial is to proceed, the court must give the prosecutor and the accused an opportunity to make representations on that question.

(4)

Where a trial proceeds by virtue of subsection (2), the remaining jurors are a properly constituted jury for the purpose of the trial.”.