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PART 38TRIAL AND SENTENCE IN THE CROWN COURT

Objecting to jurors

38.8.—(1) A party who objects to the panel of jurors must serve notice explaining the objection on the court officer and on the other party before the first juror’s name or number is drawn.

(2) A party who objects to the selection of an individual juror must—

(a)tell the court of the objection—

(i)after the juror’s name or number is announced, and

(ii)before the juror completes the oath or affirmation; and

(b)explain the objection.

(3) A prosecutor who exercises the prosecution right without giving reasons to prevent the court selecting an individual juror must announce the exercise of that right before the juror completes the oath or affirmation.

(4) The court must determine an objection under paragraph (1) or (2)—

(a)at a hearing, in public or in private; and

(b)in the absence of the jurors, unless the court otherwise directs.

[Note. See section 29 of the Juries Act 1825(1) and section 12 of the Juries Act 1974(2).]

(1)

1825 c. 50; section 29 was amended by section 40 of, and paragraph 3 of Schedule 4 to, the Courts Act 1971 (c. 23). There are other amendments not relevant to this rule.

(2)

1974 c. 23; section 12 was amended by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33).