JURIES ACT 1927 - SECT 57
JURIES ACT 1927 - SECT 57
57—Majority and alternative verdicts
(1) Subject to
subsection (2), where a jury, having retired to consider its verdict, has
remained in deliberation for at least 4 hours and the jurors have not then
reached a unanimous verdict—
(a) if a
sufficient number agrees to enable the jury to return a majority
verdict—a majority verdict will be returned; but
(b)
otherwise—the jury may be discharged from giving a verdict.
(2) No verdict that an
accused person is guilty of murder or treason can be returned by majority.
(3) Where an accused
person is charged with a particular offence (the
"major offence") and it is possible for a jury to return a verdict of not
guilty of the offence charged but guilty of some other offence for which the
person has not been charged (the "alternative offence )—
(a) the
jury must consider whether the accused is guilty of the major offence before
considering whether he or she is guilty of the alternative offence; and
(b) if
the jury reaches a verdict (either unanimously or by majority) that the
accused is not guilty of the major offence but then, having been in
deliberation for at least 4 hours, is unable to reach a verdict on the
question of whether the accused is guilty of the alternative offence—
(i)
the accused must be acquitted of the major offence; and
(ii)
the jury may be discharged from giving a verdict in
respect of the alternative offence; and
(iii)
fresh proceedings may be taken against the accused on a
charge of the alternative offence.
(4) In this
section—
"majority verdict" means—
(a)
where the jury, at the time of returning its verdict, consists of 12
jurors—a verdict in which 10 or 11 jurors concur;
(b)
where the jury, at the time of returning its verdict, consists of 11
jurors—a verdict in which 10 jurors concur;
(c)
where the jury, at the time of returning its verdict, consists of 10
jurors—a verdict in which 9 jurors concur,
and "by majority" has a corresponding meaning.