In the realm of criminal trials within the United Kingdom, the presence of a jury is a pivotal element. Comprising 12 jurors, randomly selected from the public, this assembly is entrusted with the crucial task of meticulously examining all presented evidence and, ultimately, determining the guilt or innocence of the defendant in question.
However, as with any human endeavor, unforeseen circumstances can arise during a trial. For instance, illness or compelling reasons may necessitate the discharge of a juror. In such instances, it’s essential to bear in mind that a minimum of nine jurors must remain to proceed with the trial. Anything less than this number would require the trial to be aborted.
Ideally, the jury’s decision should be unanimous. Every member should concur on whether the defendant is guilty or not. However, in situations where unanimity proves elusive, a judicial lifeline exists in the form of a majority verdict direction. The presiding Judge may guide the jury, granting permission for a majority verdict, depending on the number of jurors present. For instance, in a panel of 12 jurors, a majority verdict could be 11-1 or 10-2. With 11 jurors, only a 10-1 verdict is acceptable. But if the number dwindles to nine, unanimity once again becomes the sole option.
Nevertheless, there are instances where even a majority direction doesn’t facilitate a consensus among the jurors. When this occurs, the Judge may determine that further deliberation would be futile, leading to the dissolution of the entire jury. This legal deadlock is aptly known as a “hung jury.”
Will There Be A Retrial?
In the aftermath of a hung jury, the customary course of action is for to schedule a retrial. This entails presenting the case before a completely new jury, affording the legal process another chance to arrive at a conclusive verdict.
If after a retrial, there is another hung jury, it may be that the Prosecution do not continue further with the case, depending on the circumstances. Arguably going through two trials would be sufficient punishment in itself!
A recent example of a hung jury in the UK involves a former Manchester United footballer whose trial, concerning allegations of domestic violence, spanned over a month. Despite their best efforts, the jury was unable to reach either a unanimous decision or the permitted majority verdict, leading to their discharge. Subsequently, the Crown Prosecution withdrew the charges, bringing an end to this particular legal saga.
In essence, a hung jury is a vivid illustration of the complexities and uncertainties that can unfold within a criminal trial. It underscores the importance of due process, the role of the jury, and the resilience of the UK legal system in ensuring justice prevails.
