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This is a Bill, not an Act. For current law, see the Acts databases.
Jury Amendment (Majority Verdicts)
Bill 2004
No , 2004
A Bill for
An Act to amend the Jury Act 1977 to provide for majority verdicts by juries in
criminal trials; and for other purposes.
Clause 1 Jury Amendment (Majority Verdicts) Bill 2004
The Legislature of New South Wales enacts: 1
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1 Name of Act
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This Act is the Jury Amendment (Majority Verdicts) Act 2004.
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2 Commencement
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This Act commences on the day occurring 3 months after the date of
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assent, unless commenced sooner by proclamation.
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3 Amendment of Jury Act 1977 No 18
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The Jury Act 1977 is amended as set out in Schedule 1.
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Jury Amendment (Majority Verdicts) Bill 2004
Amendments Schedule 1
Schedule 1 Amendments 1
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(Section 3)
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[1] Section 55F
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Insert after section 55E:
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55F Majority verdicts in criminal proceedings tried by 12 member
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juries
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(1) In this section:
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majority decision of a jury means a decision of 11 of the 12
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jurors.
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(2) This section applies only to juries in criminal proceedings
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consisting of 12 persons.
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(3) If the jury have retired for more than 6 hours and they are unable
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to agree on their verdict, a majority decision is to be taken to be
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the verdict of all (a majority verdict).
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(4) The court may refuse to accept a majority verdict if it appears to
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it that the jury have not had a period of time for deliberation that
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the court thinks reasonable having regard to the nature and
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complexity of the criminal proceedings.
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(5) A verdict that the accused is guilty of an offence against the law
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of the Commonwealth must be unanimous.
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(6) If:
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(a) a jury can return a verdict of not guilty of the offence
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charged but guilty of another offence with which the
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person has not been charged, and
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(b) the jury reaches a verdict (either unanimously or by
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majority verdict) that the accused is not guilty of the
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offence charged, and
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(c) the jury are unable to agree on their verdict on the
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alternative offence after a cumulative total of at least 6
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hours deliberation on both offences,
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the majority decision of the jury of guilty of the alternative
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offence may be taken as a verdict of all.
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Jury Amendment (Majority Verdicts) Bill 2004
Schedule 1 Amendments
[2] Section 56 1
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Omit the section. Insert instead:
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56 Discharge of jury that disagree in criminal proceedings
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Where the jury in criminal proceedings have retired, the court in
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which the proceedings are being tried:
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(a) if the jury is constituted by 12 persons and has retired for
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more than 6 hours--may discharge them if it finds, after
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examination on oath of one or more of them, that they are
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not likely to agree on a unanimous verdict or a majority
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verdict under section 55F, or
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(b) if the jury is constituted by fewer than 12 persons--may
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discharge them if it finds, after examination on oath of one
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or more of them, that they are not likely to agree on a
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unanimous verdict.
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