JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 19 Names of jurors in criminal cases to be ballotted for.

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JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 19

Names of jurors in criminal cases to be ballotted for.

19.The name of each man who shall be summoned and empannelled as a juror in
any court for the trial of criminal issues, with the place of his abode and
addition, and his number upon the panel, shall be written on a distinct piece
of card, such cards being all as nearly as may be of an equal size, which
shall be delivered unto the proper officer by the sheriff or other officer
returning the process, and the same shall, under the direction and care of
such officer, be put together in a box to be provided for that purpose, and
shall be shaken together; and when any criminal issue shall be brought on to
be tried, such officer shall in open court draw out the said cards, one after
another, and shall call out the name and number upon each such card as it is
drawn, until such a number have answered to their names as in the opinion of
the court will probably be sufficient, after allowing for challenges of jurors
and directions to stand aside, to provide a full jury; and thereupon the
officer shall proceed to swear the jury, each juror being called to swear in
the order in which his name was so drawn, until after subtracting all just
challenges allowed, and jurors directed to stand aside, twelve jurors shall be
sworn; and if the number so answering shall prove insufficient to provide such
full jury, the officer shall proceed to draw further names from the box, and
call the same in manner aforesaid, until, after challenges allowed and jurors
directed to stand aside, twelve jurors shall be sworn: Provided always, that
nothing herein contained shall deprive the prisoner of his right to have the
inquest taken, and for that purpose in case by challenges and directions to
stand by the panel shall be exhausted without leaving a sufficient number to
form a jury, those who have been directed to stand by shall be again called in
the order in which they were drawn, until the jury shall be completed, but as
regards such last-mentioned jurors subject only to such and no other right to
challenge or direct to stand aside as would in like case have existed if
this Act had not been passed; and the twelve men who in manner aforesaid shall
be ultimately sworn shall be the jury to try such issue, and the names of the
men so drawn and sworn shall be kept apart by themselves until such jury shall
have given in their verdict, and the same shall be recorded, or until such
jury shall be discharged; and then the same names shall be returned to the
box, there to be kept with the other names remaining at that time undrawn, and
so toties quoties as long as any issue remains to be tried: Provided also,
that when the prosecutor or prisoner in any criminal case shall not object
thereto, the court may try any such issue with the same jury that shall have
previously tried or been drawn to try any other issue, without their names
being returned to the box and redrawn, or order the name or names of any man
or men on such jury, whom both parties may consent to withdraw, or who may
justly be challenged or excused by the court, to be set aside, and another
name or other names to be drawn from the box, and try the issue with the
residue of such original jury and with such man or men whose name or names
shall be so drawn, and who shall appear and be approved as indifferent, and so
toties quoties as long as any issue remains to be tried: Provided also that
omission to follow the directions in this section shall not be deemed ground
of mistrial or of error.

S.20 rep. by 1926 c.15 (NI) s.18(6) sch.6. S.21 rep. by 1974 NI 6 art.9(2)
sch.5. S.22 rep. by SLR 1883

First Schedule rep. by 1926 c.15 (NI) s.18(6) sch.6. Second Schedule rep. by
SLR 1883

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Northern Irish Legislation

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 19