53B Discretionary discharge of individual juror
The court or coroner may, in the course of any trial or coronial
inquest, discharge a juror if:
(a) the juror (though able to discharge the duties of a juror) has, in
the judge’s or coroner’s opinion, become so ill or infirm as to be
likely to become ineligible to serve as a juror before the jury delivers their
verdict or has become so ill as to be a health risk to other jurors or persons
present at the trial or coronial inquest, or
Note. Under clause 12 of Schedule 2, a juror who because of sickness or
infirmity is unable to discharge the duties of a juror is ineligible to serve
as a juror.
(b) it appears to the court or coroner (from the juror’s own
statements or from evidence before the court or coroner) that the juror may
not be able to give impartial consideration to the case because of the
juror’s familiarity with the witnesses, parties or legal representatives
in the trial or coronial inquest, any reasonable apprehension of bias or
conflict of interest on the part of the juror or any similar reason,
(c) a juror refuses to take part in the jury’s deliberations,
(d) it appears to the court or coroner that, for any other reason
affecting the juror’s ability to perform the functions of a juror, the
juror should not continue to act as a juror.
Note. Section 22 provides for the continuation of a trial or inquest on
the death or discharge of a juror.