Queensland Numbered Acts

CRIMINAL CODE AND JURY AND ANOTHER ACT AMENDMENT ACT 2008 No. 50 - SECT 8

Section 59--

omit, insert--

'(1) This section applies to the following criminal trials on indictment--

(a) a trial for any of the following offences--

(i) murder;

(ii) an offence against the Criminal Code, section 54A(1) if, because of the circumstances of the offence, the offender is liable to imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law;

(iii) an offence against a law of the Commonwealth; or

(b) a trial before a jury consisting of only 10 jurors when it gives its verdict.

'(2) For subsection (1)(b), it does not matter that at any time before its verdict was given the jury consisted of more than 10 jurors.

'(3) The verdict of the jury must be unanimous.

'(4) However, if on the trial of an offence mentioned in subsection (1)(a)(i) or (ii)--

(a) the jury is unable to reach a unanimous verdict; and

(b) the defendant is liable to be convicted of another offence not mentioned in subsection (1)(a)(i) or (ii);

in relation to the conviction for the other offence, section 59A applies as if the defendant were originally charged with the other offence.

'(1) This section applies to a criminal trial on indictment other than the following trials--

(a) a trial for an offence mentioned in section 59(1)(a); or

(b) a trial before a jury as mentioned in section 59(1)(b).

'(2) If, after the prescribed period, the judge is satisfied that the jury is unlikely to reach a unanimous verdict after further deliberation, the judge may ask the jury to reach a majority verdict.

'(3) If the jury can reach a majority verdict, the verdict of the jury is the majority verdict.

'(4) For the definition in subsection (6), prescribed period, paragraph (a), the periods mentioned in subparagraphs (i), (ii) and (iii) are the periods reasonably calculated by the judge.

'(5) A decision of the judge under subsection (4) is not subject to appeal.

'(6) In this section--

majority verdict means--

(a) if the jury consists of 12 jurors--a verdict on which at least 11 jurors agree; or

(b) if the jury consists of 11 jurors--a verdict on which at least 10 jurors agree.

prescribed period means--

(a) a period of at least 8 hours after the jury retires to consider its verdict, not including any of the following periods--

(i) a period allowed for meals or refreshments;

(ii) a period during which the judge allows the jury to separate, or an individual juror to separate from the jury;

(iii) a period provided for the purpose of the jury being accommodated overnight; or

(b) the further period the judge considers reasonable having regard to the complexity of the trial.'.