Reprising part of my post from yesterday for relevance.
When can a majority direction be given?
The Juries Act 1974 requires at least 2 hours to pass between a jury retiring and a majority direction being given, but the convention is to allow at least 2 hours and 10 minutes, to take into account the time it will take any jury to get from the courtroom to the jury room and back.
In practice it is rare for a judge to give a majority direction after such a short period of time.
Much depends on the complexity of the case and the issues involved. In a long and complex case it can be days before a majority direction is given. Often the judge will only give such a direction after discussion with the prosecution and defence dvocates.
Notwithstanding the precise timing of a majority direction, it is extremely important that a jury should never feel under pressure of time to reach a verdict.
Taking the verdict after a majority direction
If a jury returns after receiving a majority direction, the court clerk will ask the foreman if at least 10 of them (or 9 if there are only 10 jurors) have agreed upon their verdict; if the answer is yes, the foreman will be asked for the verdict.
If the verdict is Guilty the foreman will be asked if that is ‘the verdict of you all or by a majority?’ If it is by a majority the next question is how many agreed and how many dissented?
If, on the other hand, the verdict is Not Guilty the court clerk will not ask how many agreed or dissented.
There is no difference in effect between a unanimous and a majority guilty verdict – both mean unequivocally that the defendant has been found guilty of the offence. As such there can be no reduction in sentence because a conviction was by a majority and a majority verdict does not provide of itself a ground of appeal.
Not Guilty Verdict
If the verdict is not guilty, the defendant will be discharged and free to leave court if (s)he is not facing other charges.
Once a defendant is found Not Guilty, the proceedings against them are over. This means that following a Not Guilty verdict bail no longer applies to them. They are free to leave unconditionally.
Hung Jury - What happens when the jury cannot agree on a verdict?
If a jury have had a majority direction but are still unable to reach a verdict, they will often send a note to the judge to the effect that they have reached the end of the line.
In such a situation, if the judge feels there is nothing to be gained by continuing, the jury will be discharged. A judge is unable to force the jury to return a verdict.
If a jury cannot agree on a verdict, either unanimously or by a permissible majority, the whole jury will be discharged.
A jury who are unable to agree on a verdict are known as a hung jury. It is often quite obvious when a jury cannot reach a verdict, not only from the time it is taking to hear from them but also from their body language when they are asked to return to the courtroom.
Crown Court Trial Part 6 - Verdict — Defence-Barrister.co.uk