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Provision for continuance of criminal trial where a juror dies or becomes incapable. 40. Where in the course of a criminal trial any member of the jury dies, or is discharged by the court as being through illness incapable of continuing to act or for any other cause, the jury shall nevertheless, subject to assent being given in writing by or on behalf of both the prosecutor and the accused and so long as the number of its members is not reduced by more that one, be considered as remaining for all the purposes of that trial properly constituted, and the trial shall proceed and a verdict may be given accordingly: Provided that this ... section shall not apply in the case of the trial of any person for a capital offence. Ss.4143 rep. by 1965 c.8 (NI) s.30 Saving for pending proceedings.
© 1945 Crown Copyright
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