Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 114

114 .         Jury’s verdict to be unanimous except in some cases

        (1)         Subject to this section, the verdict of a jury must be the unanimous verdict of its members.

        (2)         If a jury trying a charge has retired to consider its verdict and, having deliberated for at least 3 hours, has not arrived at a unanimous verdict, the decision of 10 or more of the jurors shall be taken as the verdict on the charge.

        (3)         If a jury trying a charge has retired to consider its verdict and, having deliberated for at least 3 hours, 10 or more of the jurors have not agreed on a verdict, the judge may discharge the jury from giving its verdict on the charge.

        (4)         Subsections (2) and (3) do not apply to a charge of murder.

        (5)         Subsections (2) and (3) do not prevent a judge from requiring a jury to deliberate for more than 3 hours.

        [Section 114 amended: No. 29 of 2008 s. 30.]