205.The common law currently provides for the verdicts available in a criminal trial. Those verdicts are guilty, not guilty and not proven. Both not guilty and not proven result in the accused being acquitted. The common law also provides that, where there are 15 jurors, a simple majority of jurors can return a guilty verdict. Where fewer than 15 jurors remain, section 90(2) of the 1995 Act provides for how many jurors constitute a majority. It provides that at least 8 of the remaining jurors must be in favour of a guilty verdict before the jury can return such a verdict. Otherwise the jury is deemed to have returned a verdict of not guilty.
206.Section 65 abolishes the not proven verdict in solemn criminal trials. It also puts the law on what constitutes a majority of jurors for the purposes of returning a verdict of guilty onto a statutory footing and changes what constitutes a majority so that a two-thirds majority is required.
207.New section 99A (being inserted into the 1995 Act before section 100), makes provision for both the verdicts available to the jury and for jury majority decisions.
208.First, it provides that the only verdicts available to a jury are guilty or not guilty. A verdict of not proven will no longer be possible.
209.Secondly, subsections (2) and (4) of new section 99A provide that a jury can return a verdict of guilty only if a majority of them are in favour, and governs what will constitute a majority, depending on the size of the jury. Where a full jury of 15 is involved, or where one juror has died or been discharged, then at least 10 jurors are required to be in favour of a guilty verdict. Where 2 jurors have died or been discharged, then at least 9 jurors are required to be in favour of a guilty verdict. In any other case (so where the jury consists of 12 jurors), at least 8 jurors are required to be in favour of a guilty verdict. New section 99A(3) provides that if a majority (as defined in subsection (4)) is not in favour of a guilty verdict, then the jury must return a verdict of not guilty.
210.New section 99A, being concerned only with the verdicts available to the jury, and the number of jurors who must, depending on the size of the jury, be in favour of a guilty verdict, has no effect on the ability of a jury to deliver a verdict on a part of a charge (after deleting elements of it).(7)
Crown Application Solemn proceedings Section 65 – verdict of guilty or not guilty and majority required for guilty verdict