PART 3CIVIL PROCEDURE
CHAPTER 1SHERIFF COURT
Civil jury trials
I166Discharge or death of juror during trial
1
In jury proceedings, the sheriff may, in the course of the trial, discharge a member of the jury from further service on the jury if satisfied that the juror—
a
is, by reason of illness, unable to continue to serve on the jury, or
b
should, for any other reason, be discharged from further service on the jury.
2
Subsections (3) and (4) apply where a member of the jury—
a
is discharged under subsection (1), or
b
dies.
3
So long as there remain at least 10 members of the jury—
a
the remaining members of the jury are in all respects deemed to constitute the jury for the purpose of the trial, and
b
any verdict returned by the remaining members of the jury, whether unanimous or by majority, is to have the same force and effect as if it were a unanimous or, as the case may be, majority verdict of the whole number of the jury.
4
If there remain fewer than 10 members of the jury, the sheriff must—
a
discharge the jury, and
b
order the proceedings to be tried by another jury.