Hung jury

A hung jury or 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.

This situation can occur only in common law legal system, because civil law systems either do not use juries at all or provide that the defendant is automatically acquitted if the majority or supermajority required for conviction is not reached during a single, solemn vote.

In Canada, the jury must reach a unanimous decision on criminal cases. Each jury in criminal courts contain twelve jurors, but not in civil cases. In civil cases, only six people are necessary for a jury, and if there is one dissenter but the rest are unanimous (i.e. a 5-1 vote) the one dissenter can be ignored with the majority opinion becoming the final verdict. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selected for the new trial.

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 majority is needed (i.e. 11–1 with a full jury); in civil cases, a three-fourths majority is needed (i.e. 9–3 with a full jury). If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury, and a new panel of jurors will be selected for a retrial.

In England and Wales a majority of 10–2 (10–1 if only eleven jurors remain) is needed for a verdict; failure to reach this may lead to a retrial.

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 not less than two hours) give directions that a majority verdict will be acceptable, but still no less than ten to two, although the jury should continue to try to reach a unanimous verdict if possible.

When the jury are 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 then asked whether or not 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.

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. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of 8 jurors is still needed for a guilty verdict; anything less is treated as an acquittal.

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