Separation of jurors
647 (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate.
Keeping in charge
(2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.
Non-compliance with subsection (2)
(3) Failure to comply with subsection (2) does not affect the validity of the proceedings.
Empanelling new jury in certain cases
(4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and
(a) direct that the accused be tried with a new jury during the same session or sittings of the court; or
(b) postpone the trial on such terms as justice may require.
Refreshment and accommodation
(5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.
Annotations
- Part XX