• Specific Year
    Any

JURIES ACT 2000 - SECT 46 Failure to reach unanimous verdict in criminal trials

JURIES ACT 2000 - SECT 46

Failure to reach unanimous verdict in criminal trials

    (1)     In this section, majority verdict means—

        (a)     if, at the time of returning its verdict, the jury consists of 12 jurors—a verdict on which 11 of them agree;

        (b)     if, at the time of returning its verdict, the jury consists of 11 jurors—a verdict on which 10 of them agree;

        (c)     if, at the time of returning its verdict, the jury consists of 10 jurors—a verdict on which 9 of them agree.

S. 46(2) amended by No. 37/2017 s. 22(1).

    (2)     If, after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial, a jury in a criminal trial

        (a)     is unable to agree on its verdict; or

        (b)     has not reached a unanimous verdict—

the court may discharge the jury or, subject to subsection (4), take a majority verdict as the verdict of the jury.

S. 46(3) repealed by No. 37/2017 s. 22(2).

    *     *     *     *     *

S. 46(4) amended by No. 61/2001 s. 15(1).

    (4)     A verdict that the accused is guilty or not guilty of murder or treason or an offence against section 71 or 72 of the Drugs, Poisons and Controlled Substances Act 1981 or an offence against a law of the Commonwealth must be unanimous.

    (5)     If in a criminal trial

        (a)     it is possible for a jury to return a verdict of not guilty of the offence charged but guilty of another offence with which the accused has not been charged; and

        (b)     the jury reaches a verdict (unanimously or by majority verdict) that the accused is not guilty of the offence charged; and

S. 46(5)(c) amended by No. 37/2017 s. 22(3).

        (c)     the jury is unable to agree on its verdict on the alternative offence after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial

a majority verdict on the alternative offence may be taken as the verdict of the jury.