Hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.
For the album, see Hung Jury (album).This situation can occur only in common law legal systems. Civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a singular, solemn vote.
Australia[edit]
Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials.[1]
Canada[edit]
In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selected for the retrial. Each jury in criminal courts contains 12 jurors. In civil cases, only six people are necessary for a jury, and if there is only one dissenter (i.e. a 5–1 vote), the dissenter can be ignored with the majority opinion becoming the final verdict.[2]
New Zealand[edit]
In New Zealand, the jury must initially try to reach a unanimous verdict. If the jury cannot reach a unanimous verdict after a reasonable time, given the nature and complexity of the case (but not less than four hours), then the court may accept a majority verdict. In criminal cases, an all-but-one vote is needed (i.e. 11–1 with a full jury); in civil cases, a three-quarters (75%) vote is needed (i.e. 9–3 with a full jury).[3]
If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury. A new panel of jurors will be selected for a retrial.[4] If the retrial also results in a hung jury, the case must be referred to the Solicitor-General, who will generally issue a stay of proceedings unless there are compelling reasons to proceed with a third trial.[5]
United Kingdom[edit]
England and Wales[edit]
In England and Wales a majority of at least 10 votes out of 12 is needed for a verdict. If fewer jurors remain, majorities allowed are 11–0, 10–1, 10–0, 9–1 and 9–0. Failure to reach this may lead to a retrial (R v. Bertrand, 1807).
Initially, the jury will be directed to try to reach a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later (after more than two hours[6]) give directions that a majority verdict will be acceptable, although the jury should continue to try to reach a unanimous verdict if possible.
When the jury is called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it asked whether all jurors were agreed on that verdict, to prevent any acquittal from being tainted by it being disclosed that any jurors dissented. The protocol is followed separately for each charge.[7]
Scotland[edit]
It is not possible to have a hung jury in Scotland in criminal cases. Juries consist of 15, and verdicts are decided by simple majority (eight) of the initial membership. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of eight jurors is needed for a guilty verdict; anything less is treated as an acquittal.[8]
In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial. It is possible to have a hung jury if there is a tied vote after three hours' deliberation.[9]