CAP. 31
Jury
[1988 Ed.
Mode of giving verdict
26. The verdict of the jury shall in all cases be given by the foreman in open court and in the presence of all the jury, and, if in a criminal proceeding, in the presence of the person accused, and shall thereupon be recorded by the Registrar or clerk of the court who shall, before taking the verdict, ask if they are all or by what majority agreed thereon, and whether they find for the plaintiff or for the defendant, and, in the case of a person accused, whether they find such person accused guilty or not guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of guilty or not guilty, or else shall return a special verdict finding the facts of the case:
Provided that the jury may acquit any person accused of a part of the charge against him, and find him guilty of the remainder.
(Amended, 51 of 1911; 63 of 1911, Schedule and 23 of 1934, s. 3)
Case of jury not agreeing upon verdict
27. Whenever the jury in any case have withdrawn and been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, or when it sufficiently appears to the court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any person accused, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
(Amended, 51 of 1911; 63 of 1911, Schedule and 8 of 1929, s. 6)
Power of the court to exempt juror
28. (1) On application and on cause being shown, the court
may-
(a) exempt any person from serving as a juror on any trial or for any
period;
(b) remove the name of any person from the list of common jurors or the
list of special jurors, or both. (Replaced, 37 of 1988, s. 11)
(1A) An application under subsection (1) shall be made
(a) where the person has been summoned to appear as a juror, to the
court or judge before whom he is required to attend; and
(b) in any other case, by originating summons to a judge of the court.
(Added, 37 of 1988, s. 11)
(2) Without prejudice to anything contained in subsection (1) or (1A), if any person who has been summoned by the Registrar to attend on a jury shows in writing to the satisfaction of the Registrar that there is a good reason why he should be excused from attending on that jury, it shall be lawful for the Registrar, notwithstanding anything contained in this or any other Ordinance, to excuse that person from so attending: (Amended, 37 of 1988, s. 11)
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Page 16
14
CAP. 31
Jury
[1988 Ed.
Mode of giving verdict
26. The verdict of the jury shall in all cases be given by the foreman in open court and in the presence of all the jury, and, if in a criminal proceeding, in the presence of the person accused, and shall thereupon be recorded by the Registrar or clerk of the court who shall, before taking the verdict, ask if they are all or by what majority agreed thereon, and whether they find for the plaintiff or for the defendant, and, in the case of a person accused, whether they find such person accused guilty or not guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of guilty or not guilty, or else shall return a special verdict finding the facts of the case:
Provided that the jury may acquit any person accused of a part of the charge against him, and find him guilty of the remainder.
(Amended, 51 of 1911; 63 of 1911, Schedule and 23 of 1934, s. 3)
Case of jury not agreeing upon verdict
27. Whenever the jury in any case have withdrawn and been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, or when it sufficiently appears to the court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any person accused, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
(Amended, 51 of 1911; 63 of 1911, Schedule and 8 of 1929, s. 6)
Power of the court to exempt juror
28. (1) On application and on cause being shown, the court
may-
(a) exempt any person from serving as a juror on any trial or for any
period;
(b) remove the name of any person from the list of common jurors or the
list of special jurors, or both. (Replaced, 37 of 1988, s. 11)
(1A) An application under subsection (1) shall be made
(a) where the person has been summoned to appear as a juror, to the
court or judge before whom he is required to attend; and
(b) in any other case, by originating summons to a judge of the court.
(Added, 37 of 1988, s. 11)
(2) Without prejudice to anything contained in subsection (1) or (1A), if any person who has been summoned by the Registrar to attend on a jury shows in writing to the satisfaction of the Registrar that there is a good reason why he should be excused from attending on that jury, it shall be lawful for the Registrar, notwithstanding anything contained in this or any other Ordinance, to excuse that person from so attending: (Amended, 37 of 1988, s. 11)
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