A hung jury refers to a situation in a criminal trial where a jury cannot agree, to the required standard, a verdict of guilty or not guilty. In can be very common in cases concerning sexual allegations for the jury not to be sure of a person’s guilt, and struggle to agree on a definite verdict. This outcome can have severe consequences for the accused in many contexts, in this blog we explain what a hung jury means, and what happens in cases where the jury are not able to agree a verdict.
The Jury
In England and Wales, juries in criminal trials are made up of 12 members of the public. During proceeding this can reduce to as few as 9 for various reasons such as ill jury members, or other exceptional circumstances that may arise.
For a verdict to be reached, the jury must either deliver a unanimous verdict, which means that they all agree or, after a minimum period of deliberation, specified by the court, a majority verdict.
A majority verdict requires at least 10 jurors to agree. A hung jury occurs when the jurors, even after extended deliberation time, cannot achieve the required level of agreement. Often referred to as deadlock, it means the jury is discharged by the judge without delivering verdict and the trial does not result in a conviction or acquittal.
Implications of a hung jury
A hung jury does not give either party in a criminal case a definite answer as to innocence or guilt, and this can be frustrating for all, particularly when it has more than likely taken a long time for the case to reach this point, with emotions at a high.
When a hung jury occurs, the case is referred to the Crown Prosecution Service (CPS). They then must decide whether to pursue a retrial, based on factors such as the strength of the evidence, the seriousness of the offence, the public interest and the complainant’s willingness to co-operate with another trial.
CPS guidelines confirm that a retrial is often sought if the prosecution believes a conviction is still likely and it serve the interest of justice to re-try the accused.
How often does a hung jury happen?
Hung juries are relatively rare in our justice system due to the allowance of majority verdicts, which reduces the likelihood of deadlock.
Common reasons for hung juries include conflicting evidence, complex legal issues, and differing juror perspectives on the case.
In sexual offence cases it is often the latter, due to the nature of these types of cases and the evidence involved. Sexual allegations often amount to the evidence being one persons word against another, this can be very difficult for juries because it is, in simple terms, a case of who they believe.
The impact of a hung jury in sexual offence trials
A hung jury can be emotionally and financially taxing for the accused, and it can create prolonged uncertainty. By the time such cases get to court some defendants will have been waiting years for an outcome, for the opportunity to prove their innocence and get on with their life, only to be met with no closure, and the likelihood of having to go through a trial all over again.
Aside from the prospect of a further trial and even more waiting, sexual offences carry a stigma, and this is ongoing for the accused when their proceedings have not reached a definite end. It can have an ongoing effect on their employment, and personal relationships may increasingly become strained.
How Eventum Legal can help when a hung jury decision is made
Our team specialise in defending allegations of sexual and domestic abuse, trial preparation is something our team have been doing for many years. If you are facing a re-trial, following a hung jury, our team can listen to your concerns, why you thought the jury could not decide, and work with you to build your defence even stronger for a further trial. Sometimes a fresh pair of eyes on the evidence can make a huge difference in how the defence is presented for a second time.
Contact us to discuss your case and future trial.