Victorian Current Acts

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JURIES ACT 2000 - SECT 47

Failure to reach unanimous verdict in civil trials

S. 47(1) substituted by No. 43/2002 s. 7.

    (1)     In this section, "majority verdict" means—

        (a)     if, at the time of returning its verdict, the jury consists of 6 jurors—a verdict on which 5 of them agree;

        (b)     if, at the time of returning its verdict, the jury consists of 5 jurors—a verdict on which 4 of them agree.

S. 47(2) substituted by No. 43/2002 s. 7.

    (2)     If the jury in a civil trial has not reached a unanimous verdict after at least 3 hours deliberation, the court may, subject to subsection (3), take a majority verdict as the verdict of the jury.

S. 47(2A) inserted by No. 43/2002 s. 7.

    (2A)     If, after deliberating for at least 6 hours, the jury in a civil trial is unable to agree on a majority verdict, the judge may discharge the jury.

    (3)     A court must refuse to take a majority verdict if it considers that the jury has not had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.



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