Section 16Part 0 —
Number of jurors in criminal cases
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On trials for murder or treason, twelve jurors shall form the array.
On trials on indictment in cases other than murder or treason, seven jurors shall form the array.
Notwithstanding subsection (2), on any trials on indictment which, in the opinion of the trial judge, will be complex the trial judge may order that twelve jurors shall form the array;
Where in the course of a criminal trial any member of the jury dies or is, for any reason, discharged by the court, the jury shall, so long as their number is not reduced by more than one or in the case of a criminal trial referred to in subsection (3), five, remain for all purposes of that trial properly constituted and the trial shall proceed accordingly, and if the jury so remaining shall all concur in a verdict, such verdict shall be unanimous for the purpose of this Act.
On a trial for murder or treason, no person shall be found guilty save upon the unanimous verdict of the jury.
On a trial for murder, the accused shall be convicted of manslaughter if found guilty thereof by not less than nine members of the jury.
Subject to subsections (5) and (6), on a trial on indictment for any offence, the verdict of the jury need not be unanimous if —
in a case where there are not less than eleven jurors, ten of them agree on the verdict; and
in a case where there are not less than six jurors, five of them agree on the verdict.
The majority verdict of a jury shall not be accepted until after the lapse of one hour from the retirement of the jury to consider their verdict.
Whenever the verdict of a jury is not unanimous, the court may direct the jury to retire for further consideration of their verdict.
Referenced By
- Section 20 — Discharge of jury before verdict
reference to a criminal trial referred to in section 16(3)