What is the normal procedure for a jury to be discharged and a retrial ordered?
Newfoundland and Labrador, Canada
The following excerpt is from Hiscock v. Maritime Life Assurance Co., 1999 CanLII 18926 (NL CA):
I note that in Hodder v. Waddleton, supra, the court stated that, “the normal procedure would be to remit the matter to the trial judge for continuation of the trial”. In our case the jury was discharged and a retrial will have to be before a judge and a new jury.
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