46Failure to reach unanimous verdict in criminal trials

46 Failure to reach unanimous verdict in criminal trials (1) In this section, ***majority verdict*** means— (a) if, at the time of returning its verdict, the jury consists of 12 jurors—a verdict on which 11 of them agree; (b) if, at the time of returning its verdict, the jury consists of 11 jurors—a verdict on which 10 of them agree; (c) if, at the time of returning its verdict, the jury consists of 10 jurors—a verdict on which 9 of them agree. S. 46(2) amended by No. 37/2017 s. 22(1). (2) If, after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial, a jury in a criminal trial— (a) is unable to agree on its verdict; or (b) has not reached a unanimous verdict— the court may discharge the jury or, subject to subsection (4), take a majority verdict as the verdict of the jury. S. 46(3) repealed by No. 37/2017 s. 22(2). S. 46(4) amended by No. 61/2001 s. 15(1). (4) A verdict that the accused is guilty or not guilty of murder or treason or an offence against section 71 or 72 of the **Drugs, Poisons and Controlled Substances Act 1981** or an offence against a law of the Commonwealth must be unanimous. (5) If in a criminal trial— (a) it is possible for a jury to return a verdict of not guilty of the offence charged but guilty of another offence with which the accused has not been charged; and (b) the jury reaches a verdict (unanimously or by majority verdict) that the accused is not guilty of the offence charged; and S. 46(5)(c) amended by No. 37/2017 s. 22(3). (c) the jury is unable to agree on its verdict on the alternative offence after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial— a majority verdict on the alternative offence may be taken as the verdict of the jury.