R v Chalabian (No. 10)

The case of R v Chalabian (No. 10) before the Supreme Court involved a significant issue regarding the continuation of a jury trial amidst the challenges posed by the COVID-19 pandemic. The accused, Chalabian, faced criminal charges, and the trial had commenced with a full complement of 15 jurors. However, the trial encountered difficulties when one of the jurors had to self-isolate for seven days after a member of their household tested positive for COVID-19. This household member was classified as a "diagnosed person" under the Public Health (COVID-19 Self-Isolation) Order 2022. The juror, not being a "critical worker" under the Critical Worker Exemption, was required to isolate, reducing the jury to 13 members. The court had to decide whether the trial could proceed with fewer than 12 jurors.

The central legal issue before the court was whether the trial could legally continue under the circumstances. Specifically, the court needed to determine if the provisions of the Jury Act 1977 allowed for the continuation of the trial with a reduced jury size and if there was any authority to discharge the juror and permit the trial to proceed with the remaining 12 jurors. The court examined the relevant sections of the Jury Act 1977, particularly sections 53B(d) and 53C, to address these concerns.

The court concluded that the provisions of section 53B(d) of the Jury Act 1977 allowed for the discharge of the juror due to their need to self-isolate. Furthermore, section 53C of the Act authorised the court to order that the trial continue with a jury of 12. The court recognised the importance of ensuring that the trial could proceed in a manner that balanced the rights of the accused with the necessity of adhering to public health directives. Consequently, the court issued an order under section 53C, permitting the trial to continue with the remaining 12 jurors. The trial proceeded as ordered, ensuring that justice could be administered despite the exigencies of the pandemic.