Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23EM

General rule

  (1)   The Court must order a new trial of an accused in relation to a count in the indictment if:

  (a)   the jury is discharged without delivering a unanimous verdict on the count in relation to the accused; and

  (b)   the count is not covered by paragraph   23EL(2)(c), (d) or (e).

If Court thinks it appropriate to empanel a new jury from the same jury panel

  (2)   Subsection   (1) does not apply if:

  (a)   the jury is discharged under subsection   23EL(3) or (5) during the 3 month period starting on the day on which a jury is first empanelled for the trial under section   23DZJ; and

  (b)   the Court thinks it appropriate to give a direction under subsection   (3).

  (3)   If the jury is discharged under subsection   23EL(3) or (5) during the 3 month period starting on the day on which a jury is first empanelled for the trial under section   23DZJ, the Court may:

  (a)   direct an officer of the Court to start the process for empanelling a new jury under section   23DZJ from the same jury panel; and

  (b)   give any other direction the Court thinks convenient to give in relation to that process.

Note:   For example, the Court may direct the officer to make further enquiries as mentioned in section   23DK of persons on the panel or of the Commissioner of the Australian Federal Police.

  (4)   For the purposes of empanelling the new jury, this Division (other than this section) applies as if the first jury had not been empanelled.

Note:   This has the effect of resetting the limits on challenges, and for the standing aside, of potential jurors.

  (5)   Despite subsection   (4):

  (a)   the following persons cannot be empanelled on the new jury and remain discharged:

  (i)   any person previously empanelled as one of the jurors for the trial (including any person discharged otherwise than under subsection   23EJ(1) before the direction under paragraph   (3)(a) was given);

  (ii)   any potential juror in the trial discharged before the direction under paragraph   (3)(a) was given; and

  (b)   to avoid doubt, section   23DZH is taken to have been satisfied in relation to the empanelling of the new jury.