Jury trials play a fundamental role in determining the guilt or innocence of an accused person. However, not all trials result in a clear outcome. One such instance is the occurrence of a hung jury—a scenario where the jury is unable to reach either a unanimous or legally acceptable majority verdict.

What Is a Hung Jury?

A hung jury occurs when jurors cannot agree on whether the accused is guilty or not guilty, even after extensive deliberation. This impasse prevents the court from delivering a verdict, and the trial concludes without resolution. The result is neither an acquittal nor a conviction.

Unanimous vs. Majority Verdicts

Criminal trials require a unanimous verdict, meaning all jurors must agree. However, some jurisdictions—such as New South Wales—permit majority verdicts under certain conditions. In NSW, for example, if jurors have deliberated for at least eight hours without reaching unanimity, a majority verdict (e.g., 11–1 or 10–2) may be accepted.

What Happens When a Hung Jury Occurs?

When a jury reports that it cannot reach a verdict, even after being encouraged by the judge to continue deliberating, the trial is declared a mistrial due to a hung jury. The judge may then formally discharge the jury.

The implications of a hung jury include:

• Retrial: The prosecution (referred to as “the Crown”) may choose to retry the case before a new jury.
• Termination of Proceedings: If a case has resulted in multiple hung juries, the Crown may opt not to pursue the matter further, particularly if continuing would not serve the interests of justice.

The Judge’s Role

While a judge cannot direct a jury to return a particular verdict, they do play an important role in the process:

• Encouraging continued deliberation where appropriate
• Clarifying points of law or evidence that may be confusing
• Ultimately deciding whether to discharge the jury if a verdict remains unattainable

Limits on Retrials

Retrials following a hung jury are permissible, but repeated hung juries raise questions about the viability of the case. Courts and prosecutors will generally only pursue additional trials in exceptional circumstances, especially if prior attempts have not led to a conclusive outcome.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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