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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Jury Amendment (Dissenting Juror)
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Jury Act 1977 No 18 2
Schedule 1 Amendments 3
b96-407-p02.894
New South Wales
Jury Amendment (Dissenting Juror)
Bill 2000
No , 2000
A Bill for
An Act to amend the Jury Act 1977 to provide for majority verdicts by juries in
criminal trials; and for other purposes.
Clause 1 Jury Amendment (Dissenting Juror) Bill 2000
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Jury Amendment (Dissenting Juror) Act 2000. 3
2 Commencement 4
This Act commences on the day occurring 3 months after the date of 5
assent, unless commenced sooner by proclamation. 6
3 Amendment of Jury Act 1977 No 18 7
The Jury Act 1977 is amended as set out in Schedule 1. 8
Page 2
Jury Amendment (Dissenting Juror) Bill 2000
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 55F 3
Insert after section 55E: 4
55F Majority verdicts in criminal proceedings tried by 12 member 5
juries 6
(1) In this section: 7
majority decision of a jury means a decision of 11 of the 12 8
jurors. 9
(2) This section applies only to juries in criminal proceedings 10
consisting of 12 persons. 11
(3) If the jury have retired for more than 6 hours and they are 12
unable to agree on their verdict, a majority decision is to be 13
taken to be the verdict of all (a majority verdict). 14
(4) The court may refuse to accept a majority verdict if it appears 15
to it that the jury have not had a period of time for deliberation 16
that the court thinks reasonable having regard to the nature and 17
complexity of the criminal proceedings. 18
(5) A verdict that the accused is guilty of an offence against the 19
law of the Commonwealth must be unanimous. 20
(6) If: 21
(a) a jury can return a verdict of not guilty of the offence 22
charged but guilty of another offence with which the 23
person has not been charged, and 24
(b) the jury reaches a verdict (either unanimously or by 25
majority verdict) that the accused is not guilty of the 26
offence charged, and 27
(c) the jury are unable to agree on their verdict on the 28
alternative offence after a cumulative total of at least 6 29
hours deliberation on both offences, 30
the majority decision of the jury of guilty of the alternative 31
offence may be taken as a verdict of all. 32
Page 3
Jury Amendment (Dissenting Juror) Bill 2000
Schedule 1 Amendments
[2] Section 56 1
Omit the section. Insert instead: 2
56 Discharge of jury that disagree in criminal proceedings 3
Where the jury in criminal proceedings have retired, the court 4
in which the proceedings are being tried: 5
(a) if the jury is constituted by 12 persons and has retired 6
for more than 6 hours--may discharge them if it finds, 7
after examination on oath of one or more of them, that 8
they are not likely to agree on a unanimous verdict or a 9
majority verdict under section 55F, or 10
(b) if the jury is constituted by fewer than 12 persons--may 11
discharge them if it finds, after examination on oath of 12
one or more of them, that they are not likely to agree on 13
a unanimous verdict. 14
Page 4
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