Full legislation
s.25
Death or discharge of juror
(1) A court may at any time during the trial of any action, suit, information or indictment prior to the verdict discharge a juror— (a) where, in the interests of justice, it appears to the court expedient to do so; or (b) in the interests of the juror. (2) Where a member of the jury dies or is discharged by the court under subsection (1), the jury shall nevertheless, subject to subsections (3) and (4), be considered as remaining properly constituted for all the purposes of the action, suit, information or indictment then being tried. (Amended 3 of 1986 s. 4 ) (3) Subject to subsection (4), in the event of the death or discharge by the court under subsection (1) of any juror during the trial of any action, suit, information or indictment, the trial of such action, suit, information or indictment shall be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remaining jurors, being an unanimous verdict or a majority verdict in accordance with section 24(2) , (3) or (4), shall be of equal validity as if it had been returned by a jury consisting of the full number of jurors. (Replaced 3 of 1986 s. 4 ) (4) In any civil or criminal trial, the jury shall consist of not less than 5 persons. (Replaced 24 of 1993 s. 16 )