Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 611
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.
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.