Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 116

116 .         Discharging a jury

        (1)         The powers in this section may be exercised at any time before a jury gives its verdict.

        (2)         The judge may discharge the jury from giving its verdict on a charge if the judge is satisfied it is in the interests of justice to do so.

        (3)         If under subsection (2) or another enactment a jury is discharged from giving its verdict in a trial of a charge, the trial is discontinued.

        (4)         If under subsection (2) or another enactment, a judge discharges a jury from giving its verdict on a charge and another trial of the charge is or may be required, the judge —

            (a)         may order the other trial to begin immediately or at a later time or date set by the judge; or

            (b)         may adjourn the prosecution of the charge.

        (5)         Subsection (4) does not affect a judge’s powers under section 93 or  108 or to determine the charge in accordance with this Act.

        (6)         The discharge of a jury from giving its verdict in a trial does not affect any duty of the jurors to attend under the Juries Act 1957 .