Discharge of jury in special cases

(1) The court may, in its discretion, in case of any emergency or casualty rendering it in its opinion expedient for Juries 31 the ends of justice to do so, discharge the jury without its giving a verdict, and direct a new jury to be empanelled during the same sitting of the court, or may postpone the trial on such terms as justice may require. (2) If the judge becomes incapable of trying the cause or directing the jury to be discharged, the Registrar shall discharge the jury. (3) If, during the trial of the issue in any civil cause or any criminal cause in which the accused person is arraigned for an offence not punishable with death, one juror happens to die or becomes incapable of acting or absents himself, it shall not be necessary to discharge the jury or to add another juror thereunto, but the trial shall be proceeded with notwithstanding such death, incapacity or absence. (4) If two or more of the jurors, before they begin to consider their verdict, die or become incapable of acting or absent themselves, the court may, (a) discharge the jury and direct a new jury to be empanelled during the same sitting of the (b) postpone the trial; or (c) in its discretion and with the consent of counsel for the Crown and of the accused person, in any case other than that of a capital offence, proceed with the remaining jurors and take their verdict, which shall have the same effect as the verdict of the whole (5) In the case of an offence not punishable with death, the jury shall not be capable of giving a verdict where its number is reduced below seven or ten according as the case was being tried by a jury of nine or twelve jurors. 32 Juries