Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2024 (NO. 12 OF 2024) - SECT 14

substitute

37A     Definitions—pt 8

In this part:

"majority verdict", of a jury consisting of 12 jurors, means a verdict agreed by 11 jurors.

"unanimous verdict", of a jury, means a verdict agreed by all jurors.

38     Majority verdict sufficient for offences against territory laws at certain criminal trials

    (1)     This section applies in relation to a verdict of a jury at a criminal trial if—

        (a)     the verdict is for an offence against a territory law; and

        (b)     the jury has retired to consider the verdict; and

        (c)     the jury consists of 12 jurors.

    (2)     A majority verdict is a sufficient verdict, and must be taken to be the verdict of the jury, if the judge is satisfied—

        (a)     that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and

        (b)     after examination on oath of 1 or more jurors, that the jury is not likely to reach a unanimous verdict.

39     Discharge of jury where no verdict likely to be reached

If a jury has retired to consider its verdict at a criminal trial, the judge may discharge the jury if the judge is satisfied—

        (a)     that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and

        (b)     after examination on oath of 1 or more jurors, that the jury is not likely to reach—

              (i)     a unanimous verdict; or

              (ii)     if a majority verdict would be a sufficient verdict under section 38 (2)—a majority verdict.