Civil Law (Miscellaneous Provisions) Act 2022
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Additional jurors | ||
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58. (1) Notwithstanding section 41 of the Act of 1962 and subject to subsection (2), at any time before the selection of a jury for a Stardust inquest pursuant to section 57 , the coroner for the coroner’s district of Dublin may, on his or her own motion, request the county registrar for the county of Dublin to order that a specified number of persons not exceeding 15 in number be selected to serve as jurors at and sworn in the Stardust inquest concerned. | ||
(2) The coroner for the coroner’s district of Dublin shall not make a request referred to in subsection (1) unless he or she is satisfied that— | ||
(a) the duration of the Stardust inquest concerned is likely to exceed 3 months, and | ||
(b) the selection of additional jurors for the inquest is an appropriate means of ensuring that there will be a sufficient number of jurors for the jury to remain properly constituted for the purposes of returning a verdict in that Stardust inquest. | ||
(3) An application referred to in subsection (1) shall be made not later than 10 working days before the selection of a jury in the Stardust inquest concerned begins pursuant to section 57 . | ||
(4) Where an order is made pursuant to subsection (1), the number of persons specified in the order shall be selected to serve as jurors pursuant to section 57 and sworn in the Stardust inquest concerned. | ||
(5) Where— | ||
(a) jurors have been sworn in a Stardust inquest following the making of an order under subsection (1), and | ||
(b) immediately before the jury in the inquest retires to consider its verdict the jury comprises more than 12 jurors, | ||
the coroner for the coroner’s district of Dublin shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict in the Stardust inquest. | ||
(6) The selection of jurors to retire and consider the verdict at a Stardust inquest pursuant to a direction under subsection (5) shall be made by balloting in public at the inquest. | ||
(7) Where a ballot is held pursuant to subsection (6)— | ||
(a) a juror who is selected shall retire to consider the verdict in the Stardust inquest concerned, and | ||
(b) a juror who is not selected shall be discharged by the coroner for the coroner’s district of Dublin. | ||
(8) A jury which has been selected pursuant to subsection (6) to retire and consider the verdict at a Stardust inquest shall continue to constitute the jury for the purposes of the inquest and that inquest shall proceed and a verdict may be found accordingly. |