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TH DECEMBER 1945] 4 P ART I - SECT 40

Provision for continuance of criminal trial where a juror dies or becomes incapable.

40. Where in the course of a criminal trial any member of the jury dies, or is
discharged by the court as being through illness incapable of continuing to
act or for any other cause, the jury shall nevertheless, subject to assent
being given in writing by or on behalf of both the prosecutor and the accused
and so long as the number of its members is not reduced by more that one, 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:

Provided that this ... section shall not apply in the case of the trial of any
person for a capital offence.

Ss.4143 rep. by 1965 c.8 (NI) s.30

Saving for pending proceedings.



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© 1945 Crown Copyright

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