Communication with jury while in retirement considering verdict

(1) If the jury retires to consider its verdict, none other than the officer of the court who has charge of it shall be permitted to speak to, or to communicate in any way with, any member thereof without the leave of the court. (2) No breach of the provisions of this section shall affect the validity of the proceedings; however if any breach is discovered before the verdict of the jury is returned, the court may, if it is of the opinion that it has produced substantial mischief, discharge the jury, and direct a new jury to be empanelled and sworn during the same sitting of the court, or may postpone the trial, on such terms as justice