Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 611

Official PDF on legislation.mt

611. (1) The jury shall be formed in the following manner: The names of the persons summ oned to serve as jurors shall be written on separate ballots of pa rchment or paper as nearly as may be equal in shape and size. The registrar shall read aloud in c ourt first the ballots bearing the names of the foremen and shall pu t them into a box, then those bearing the names of the common jurors, which he shall put into another box. Afterwards, having shaken the box containing the ballots with the names of the foremen, he shall draw one ballo t and shall read aloud the name written thereon. The person whose name is so drawn, shall come forward, and the registrar shall ask first the Attorney General and then the party accused whether they intend to challenge such person. Challenge of jurors. Peremptory or for cause. (2) Challenges may be either peremptory or for cause. Challenges are peremptory when made without reason assigned, and their effect shall be that the person challenged shall be excluded from serving as a juror at the trial. Challenges are f or cause when made by assigning a reason, and their effect shall b e that, if such reason is approved by the court, the challenge sh all be allowed and the person shall be excluded; but if the reason ass igned is not so approved, the challenge shall be disallowed and the p erson admitted: Provided that for the purpose of challenging a juror for cause the Attorney General or the accused may request that the juror be called to reply on oath to questions to be put to the juror to establish the reason for the challenge. Number of peremptory challenges allowed. (3) The number of peremptory challenges allowed to the Attorney General and to each of the accused is three; but, wher e the accused in one cause are more than three, each of them has a ri ght to two peremptory challenges only. Challenge made by one accused to have effect in respect of other accused. (4) A challenge made by one accused shall have effect also in respect of the other accused that are to be either contemporane ously or successively tried by the same jury, notwithstanding that su ch other accused may not wish to make such challenge. Power of court to exempt juror from serving. (5) Any person may, on good cause being shown, either before or after his name is drawn, be exempted by the court from servi ng as a juror. CRIMINAL CODE [CAP. 9. 385 Drawing of other names where persons drawn fail to appear, etc. (6) If any person whose name is drawn does not appear or, having appeared, is challenged or exempted from serving, other names shall be drawn in the same order, until a foreman is approved. Drawing of common jurors. (7) The drawing of the ballots from the box containing the names of the common jurors shall then take place in the same manner provided for the drawing of the foreman until eight common jurors and, if the court shall have so ordered, the numb er of supplementary jurors order ed by the court are approved. Constitution of jury. ( 8 ) T h e n i n e j u r o r s w h o s e n a m e s shall have been thus drawn and approved shall constitute the jury. Form of oath of jurors. Amended by: XXVII.1975.37.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.