Release of jurors during legal argument to be heard in absence of jurors

(1) Notwithstanding anything contained in section 39, where during the trial of any person charged with an indictable offence it is requisite that legal argument (including oral testimony where such testimony is necessary to enable the trial judge to decide whether certain evidence is admissible) should be heard in the absence of the jurors the trial judge may, if he thinks fit, in lieu of directing the jurors to retire to the jury 34 Juries room whilst such argument is being heard, direct them, on taking the oath prescribed in subsection (4) of this section, to leave the court and not to return thereto until such time as he may name. (2) For the purposes of subsection (1) of this section, the expression “court” includes any place from which the proceedings in the court may be heard. (3) Notwithstanding that the jurors have been directed to leave the court under subsection (1) of this section, the trial judge shall whilst such jurors are absent from the court in accordance with his direction, be deemed to be sitting with a jury for the purposes of section 22 of the Supreme Court of Judicature Act, Cap. 91. (4) Whenever the jurors empanelled to try a cause are directed to leave the court by the trial judge under subsection (1) of this section, they shall, together in open court, take the following oath, “We swear that during the time we are directed to leave the court during the trial of the issue joined between Our Sovereign Lady Queen and the prisoner at the Bar [or A.B. (naming the defendant) as the case may be] which we are empanelled and sworn to try we shall not whilst we are separated or until we be assembled again in court, speak with or listen to or receive or hold any communication with any person whatsoever, other than our fellows empanelled with us, touching the said issue or any matter relative to the trial thereof, nor shall we come into court, or to any place from which the proceedings in the court might be heard, and that upon the termination of the time for which we are directed to leave the court and until we are discharged we shall again come into and remain in court. So help us God.” (5) When the jurors have been directed to return to the court, they shall at the time named return into the jurors room until called into open court by order of the trial judge. Juries 35 (6) When jurors have returned to court as directed the trial judge may, if legal argument is still being heard, call the jurors into open court and again direct to the jurors to leave the court and subsections (1) to (5) of this section shall apply.