43Failure to reach unanimous verdict in criminal trials

43 Failure to reach unanimous verdict in criminal trials

(1)  If, after deliberating for at least 2 hours, a jury in a criminal trial, other than one relating to treason or murder, has not reached a unanimous verdict, the court is to take a majority verdict as the verdict of the jury.

(2)  If, after deliberating for at least 6 hours, a jury in a criminal trial relating to treason or murder has not reached a unanimous verdict, the court is to take a majority verdict of not guilty as the verdict of the jury.

(3)  A verdict that the accused is guilty of murder or treason is to be unanimous.

(4)  If in a criminal trial, after deliberating for the period referred to in subsection (1) or (2) as appropriate, a jury has not reached a unanimous verdict and there is no majority verdict, the court may discharge the jury unless the court considers further deliberation is desirable.

(5)  In a criminal trial, a majority verdict on an alternative crime may be taken as the verdict of the jury if –

(a) it is possible for the jury to return a verdict of not guilty of the crime charged but guilty of another crime 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 crime charged; and

(c) the jury is unable to agree on its verdict on the alternative crime after a cumulative total of at least –

(i) 2 hours deliberation on both crimes in the case of a criminal trial referred to in subsection (1) ; or

(ii) 6 hours deliberation on both crimes in the case of a crime referred to in subsection (2) .