Majority Verdict in a Trial

Up until recently, every jury member had to be in agreement before a person could be found guilty or not guilty at their trial. This has now changed. With state offences, a person can be found guilty or not guilty by a majority verdict.

A majority verdict means:

• a verdict agreed to by 11 jurors where the jury consists of 12 persons at the time the verdict is returned, or
• a verdict agreed by 10 jurors where the jury consists of 11 persons at the time the verdict is returned.

What are the requirements for a majority verdict?

• The jury must consist of at least 11 persons for a majority verdict in criminal proceedings.
• A unanimous verdict (verdict agreed to by all members of the jury) cannot be reached after a reasonable time (at least 8 hours) after the jurors have gone to the jury room to consider their verdict.
• The judge is not to advise the jury of its right to bring in a majority verdict until the judge has determined what is reasonable for the particular trial.
• The court must be satisfied that, after examination on oath of one or more of the jurors, that it is unlikely the jurors will reach a unanimous verdict if given further time.

Am I entitled to a majority verdict for all offences?

No. A majority verdict is only available to you if you are being tried for a state offence. If you are on trial for a Commonwealth offence, a majority verdict is not permissible. A Commonwealth offence includes:

• forfeiture of child pornography material and child abuse;
• offences against the Commonwealth government;
• obstructing or hindering the performance of public protection services and other services;
• offences relating to the administration of justice;
• piracy;
• importation of drugs and Tier 1 goods (eg. steroids).
• offences relating to postal services.

For advice or representation in any legal matter, please contact Armstrong Legal.