13 |
Jury Selection |
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| 13.1 |
Selection of a jury is within the general discretion of the prosecutor. However, selection should never be exercised so as to attempt to select a jury that is not representative of the community including as to age, sex, ethnic origin, and economic, cultural or social background. |
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| 13.2 |
As part of the prosecutor’s duty to ensure that the Crown case is presented with fairness to both the community and to the offender: |
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(1) |
where the prosecutor is aware of a particular circumstance of a selected juror which might appear to impact on the ability of that juror to act impartially (for example police officer’s spouse, defence counsel’s spouse) then the prosecutor may request that the selected juror stand aside pursuant to section 43 Juries Act; and |
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(2) |
where the prosecutor has information regarding a selected juror which leads the prosecutor to believe the juror would not act impartially, he or she may challenge that juror pursuant to section 44 Juries Act. |
