News · Criminal law explainer
Jury trials and majority verdicts in NSW.
Serious criminal charges that are defended in the District or Supreme Court are usually decided by a jury of twelve. How that jury is chosen, how it reaches a verdict, and when a verdict short of unanimous is allowed are set out in the Jury Act 1977 (NSW). This note explains how a criminal jury works, what a majority verdict is under section 55F, and what happens when a jury cannot agree.
By Aaron Kernaghan · Published 3 September 2026
Who decides a criminal trial?
In a defended indictable matter, the judge decides questions of law and the jury decides the facts. The jury hears the evidence, receives the judge's directions on the law, and decides whether the prosecution has proved the charge beyond reasonable doubt. In some cases an accused can apply to be tried by a judge alone, but the jury trial is the usual course.
A criminal jury in New South Wales has twelve members. In long trials, additional jurors can be empanelled so that the trial can continue if a juror has to be discharged along the way.
How is a jury chosen?
Jurors are selected at random from the electoral roll and summoned for jury service. At the start of a trial a panel is brought into court and a jury is empanelled from it. Both the prosecution and the defence have a limited number of challenges, and a potential juror can be excused for good reason.
The aim is an impartial jury that can decide the case on the evidence. Jurors are directed to put aside anything they may have heard outside the courtroom and to decide only on what they hear in the trial.
Unanimous and majority verdicts
The starting point is that a verdict must be unanimous: all twelve jurors must agree. Section 55F allows a majority verdict in certain circumstances. A majority verdict is one agreed to by eleven jurors where the jury is twelve, or ten where the jury has been reduced to eleven.
A majority verdict is only available after the jury has deliberated for a reasonable period, being not less than eight hours, and the court is satisfied a unanimous verdict will not be reached. It is not a shortcut; it applies only after genuine deliberation has not produced agreement.
Why Commonwealth offences must be unanimous
There is an important exception. A verdict of guilty for an offence against a law of the Commonwealth must be unanimous. Majority verdicts under section 55F are not available for Commonwealth offences, because of the position under the Constitution.
So in a trial that mixes State and Commonwealth charges, a majority verdict may be open on the State counts but not on the Commonwealth counts. The jury is directed accordingly.
What happens if the jury cannot agree?
If the jury cannot reach a verdict, even a majority verdict where one is available, the jury is hung and is discharged without a verdict. That is not an acquittal. The prosecution can decide whether to seek a retrial before a fresh jury.
A hung jury is one of several outcomes a defended trial can produce. How a case is run, what the real issues are, and how the defence is presented all bear on the result. Our note on committal explains the steps that lead up to trial, and working with counsel explains how a trial is prepared.
Frequently asked.
How many people are on a criminal jury in NSW?
Twelve. In long trials additional jurors can be empanelled so the trial can continue if a juror is discharged, but the jury that decides is twelve, or eleven if reduced during the trial.
Does a jury verdict have to be unanimous?
The starting point is yes. Section 55F of the Jury Act 1977 (NSW) allows a majority verdict in certain circumstances, but only after the jury has deliberated for at least eight hours and a unanimous verdict is not going to be reached.
What is a majority verdict?
A verdict agreed to by eleven of twelve jurors, or ten of eleven, allowed under section 55F after genuine deliberation has not produced a unanimous verdict. It is not available for Commonwealth offences.
Why must Commonwealth offences be unanimous?
Because of the position under the Constitution, a verdict of guilty for a Commonwealth offence must be unanimous. Majority verdicts do not apply to Commonwealth charges.
What happens if the jury cannot agree?
The jury is hung and discharged without a verdict. That is not an acquittal. The prosecution can decide whether to seek a retrial before a new jury.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
Related across the firm