What happens when a jury cannot reach a unanimous verdict?

What happens when a jury cannot reach a unanimous verdict?

One of the hallmarks of our criminal justice system is the right of an accused person, otherwise known as the defendant, to be entitled to have their matter determined by a jury of their peers. They also have the right to engage a criminal defence lawyer to defend them from the charges that have been made.

Under criminal law, juries are empanelled from a diverse selection of men and women, all of whom represent a broad cross-section of the community, called upon to perform jury service. Once empanelled, the jury takes an oath or affirmation that they will give a true verdict according to the evidence, including all the testimonies given in the proceedings before the court.

The finding of guilty or not guilty by a jury in a criminal law case requires a unanimous verdict. That is, all 12 jurors must agree. All 12 jury members are required to reach the same conclusion concerning the accused’s guilt beyond a reasonable doubt before a conviction can be returned.

Do jury verdicts have to be unanimous?

An amendment to the Jury Act 1977 provided for “majority verdicts” in criminal trials for state offences. The legislation provides for a majority verdict in the following circumstances:

• Where a unanimous verdict has not been reached after the jurors have deliberated for a period of at least 8 hours.

• The court considers that reasonable time has been given considering the nature and complexity of the case.

• After questioning one or more jurors on oath, the court is satisfied that a unanimous verdict is unlikely.

Then, the jury is given the option of returning a verdict agreed to by 11 of the 12 jurors.

What is a hung jury?

Only a unanimous or majority verdict comprising only one dissenting view can return a guilty or not guilty verdict. In the event that there is more than one dissenting jury member, a “hung jury” will be declared, and no verdict will be returned.

In a trial presided over by jurors, impartiality is paramount. Each juror is required to listen to and consider the views expressed by their fellow jury members. However, they should still form their own conclusion based on the evidence presented, even if it is contrary to the views of other jurors.

Without trying to influence jurors’ verdicts, the judge may offer the jury assistance to help prevent a hung jury. This may include the judge confirming with the jurors whether they require any help understanding the applicable law or any factual issues.

In the event the jury remains unable to reach a consensus, they will be discharged.

A declaration that there is a hung jury is typically regarded as a last resort, as it can significantly delay and complicate the proceedings. Investigating and trying a criminal law case, which will invariably include the engagement of legal representation by an expert criminal law lawyer, can be very expensive and may occupy a long period of time. Fortunately, experience tells us that juries can come to a unanimous and concluded view in the overwhelming majority of cases. Particularly when the judge clarifies proper instruction, and the jury is given all the time they need to deliberate.

What happens after a calling for a hung jury?

This will usually result in a second trial. However, this depends on many factors, including the severity of the alleged crime, the time and cost involved in prosecuting the proceedings, and other factors, such as community expectations. After balancing these considerations, the prosecution may decide not to proceed with the matter any further, resulting in the case against the accused being dismissed.

In some instances, there may be a second trial or even a further hung jury. A second re-trial or third trial will only proceed in exceptional circumstances and if it is in the public’s interest to have the matter retried.

Contact Brydens Lawyers to hire a criminal law lawyer you can trust

If you need to consult a lawyer to protect your interests, Brydens Lawyers has an expert Criminal Law Division available to assist in relation to all and any criminal matters. As a civil and criminal law firm that has practised for over 50 years, Brydens Lawyers prides itself on the experience it has to achieve a successful outcome.

If you have been or are likely to be charged by the police with a criminal matter, it is imperative to hire a lawyer who can provide urgent and expert legal advice as required. Contact Brydens Lawyers immediately on 1800 848 848 or online to protect your interests. At Brydens Lawyers, we DO criminal cases.