New South Wales Consolidated Acts

JURY ACT 1977 - SECT 55F

55F Majority verdicts in criminal proceedings

(1) This section applies in respect of a verdict in criminal proceedings where the jury consists of not less than 11 persons.

Note : Lengthy criminal proceedings may be tried by a jury of up to 15 persons if the court makes an order for additional jurors under section 19 (2). However, section 55G provides that only 12 members of such an expanded jury may retire to consider the jury's verdict in the proceedings.

(2) A majority verdict may be returned by a jury in criminal proceedings if--

(a) a unanimous verdict has not been reached after the jurors have deliberated for a period of time (being not less than 8 hours) that the court considers reasonable having regard to the nature and complexity of the criminal proceedings, and

(b) the court is satisfied, after examination on oath of one or more of the jurors, that it is unlikely that the jurors will reach a unanimous verdict after further deliberation.

(3) In this section--

"majority verdict" means--

(a) a verdict agreed to by 11 jurors where the jury consists of 12 persons at the time the verdict is returned, or

(b) a verdict agreed to by 10 jurors where the jury consists of 11 persons at the time the verdict is returned.

"unanimous verdict" means a verdict agreed to by all members of the jury.

(4) A verdict that the accused is guilty of an offence against a law of the Commonwealth must be unanimous.

(5) This section extends to any alternative verdict that is available to a jury at law.