Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), if a juror is discharged during a trial, the Court may direct that the trial continue with the remaining jurors.
(2) If the Court gives a direction under subsection (1) after the jury has retired to consider its verdict on a count in the indictment, the verdict of the remaining jurors has the same effect as if it were the verdict of all the persons who were jurors when the jury retired to consider its verdict.
Note: There must not be more than 12 jurors when the jury retires to consider its verdict (see section 23EAD).
(3) A trial must not continue with fewer than 10 jurors.