29B Retirement and non-communication

(1)

If the jury retires to consider its verdict, the jurors must be kept under the charge of 1 or more members of the court registry staff in some private place provided with sufficient heating and lighting, and allowed to have reasonable refreshment.

(2)

However, for the purpose of having refreshment the jurors may with the court’s consent be taken under the charge of 1 or more members of the court registry staff to a place of public refreshment instead of remaining in a private place.

(3)

Subsections (1) and (2) do not apply to any period during which the jurors are permitted to separate under section 29A.

(4)

After retiring to consider their verdict and until returning a verdict or being discharged, the jurors must not discuss the case except in the course of their deliberations.

(5)

Failure to comply with the requirements of this section does not affect the validity of the proceedings.

(6)

However, if a failure of that kind is discovered before the verdict of the jury is returned, the court may, if it considers that the failure makes it highly expedient for the ends of justice to do so,—

(a)

discharge the jury and direct a new jury to be sworn or empanelled during the sitting of the court; or

(b)

postpone the trial on any terms justice requires.

(7)

In this section, member of the court registry staff includes the Registrar.

Compare: 1961 No 43 s 370

Section 29B: inserted, on 25 December 2008, by section 18 of the Juries Amendment Act 2008 (2008 No 40).