Jury Trials in England and Wales: How Juries Decide

Introduction

Jury trial is a central feature of criminal justice in England and Wales. Twelve members of the public decide guilt or innocence, guided by the judge’s directions on the law. What the jury actually says in the deliberation room is strictly private, and the law stops anyone from investigating how individual jurors voted or why. Even so, the rules that frame how a jury reaches a decision are clear. This guide sets out those rules in plain language, explains when majority verdicts are allowed, and covers what happens if the jury cannot agree.

What You’ll Learn

• How a Crown Court jury is formed and why trials start with 12 jurors
• What “deliberations” mean and why they are confidential
• The difference between unanimous and majority verdicts
• Which majorities are permitted depending on how many jurors remain
• When a judge can accept a majority verdict (timing and process)
• What happens if the jury is deadlocked (unable to agree)
• Internet and social media rules for jurors, and why they matter
• What follows a guilty or not guilty verdict, including the possibility of a retrial

Core Concepts

Jury Composition and Numbers

• A criminal jury starts with 12 people. The trial cannot begin with fewer.
• During the trial, a juror may be discharged (for example, illness or misconduct). The trial can continue so long as at least 9 jurors remain.
• If numbers fall below 9, the jury must be discharged and the trial ends.
• Once the jury is sworn, no replacements are added later. The case proceeds with whoever remains, subject to the minimum of 9.

The Deliberation Room and Confidentiality

• After closing speeches, the judge sums up and gives legal directions. Jurors are the judges of fact; the judge explains the law.
• Deliberations are private. No judge, lawyer, usher or clerk is present. Phones and devices are not used in the jury room.
• It is a criminal offence to obtain, disclose or ask about what was said or how votes were cast in the jury room. This protects free and frank discussion.
• Jurors ask questions by sending a note to the judge. If a note reveals how the jury is split, judges typically do not share that detail with the advocates. The numerical split remains confidential during the trial.

Unanimous and Majority Verdicts

• The judge will always ask a jury to reach a unanimous verdict first (all jurors agreeing on guilty or not guilty).
• If, after a reasonable time of deliberation (usually at least two hours, and often longer in complex cases), unanimity is not possible, the judge may permit a majority verdict.
• Permitted majorities depend on how many jurors remain:
  • 12 jurors: 11–1 or 10–2
  • 11 jurors: 10–1
  • 10 jurors: 9–1
  • 9 jurors: unanimous only (no majority allowed)
• When a majority verdict is returned, the court will ask the foreman to confirm it is a majority and to state the numbers in open court.

Internet and Social Media Rules

• Jurors must not search online for information about the case, the defendant, witnesses, or the law. They must not read media reports, post about the case, or discuss it with anyone outside the jury.
• Breaching these rules can amount to contempt of court or a specific criminal offence. A juror can be removed, and a trial may be abandoned as a result.
• There are good reasons for these rules. Juries only hear evidence that the law permits (for example, previous convictions are usually excluded). Outside material is unreliable and unfair.

Deadlock and the “Give and Take” Direction

• If the jury indicates it cannot agree, the judge may give a “give and take” direction (often called a Watson direction). This asks jurors to consider one another’s views carefully and try again to reach a verdict, without any juror abandoning an honest belief.
• If there is still no agreement after further deliberation, the jury will be discharged. The prosecution may seek a retrial or decide not to proceed, depending on the strength of the case and the public interest.

Key Examples or Case Studies

• Example: Unanimous verdict

  • After around three hours, a 12-person jury agrees on not guilty. The foreman states “Not guilty” in open court. The defendant is released in that case (assuming no other matters are pending).

• Example: Majority verdict

  • A jury of 12 deliberates for over two hours. The judge allows a majority. The foreman returns “Guilty, by a majority of 10 to 2.” The court records the majority and proceeds to sentencing at a later hearing.

• Example: Unable to agree (deadlock)

  • A jury of 11 jurors sends a note saying they cannot reach a verdict even after a “give and take” direction. They are discharged. The prosecution reviews the case and decides whether to seek a new trial.

• Case reference: R v Watson, Boyes and Wilkes (1988)

  • Key point: The Court of Appeal approved the “give and take” direction, encouraging careful consideration while warning jurors not to surrender honest views simply to agree.

• Case reference: R v Karakaya [2005] EWCA Crim 3466

  • Key point: A conviction was quashed after a juror introduced internet material into deliberations. It shows how outside research can derail a trial.

Practical Applications

• What to expect in court

  • The jury is sworn and hears evidence and submissions. After the judge’s summing up, the jury retires to deliberate.
  • Time in the jury room varies. Hours or days are not unusual in complex cases. Length alone tells you very little about the likely outcome.

• Unanimous vs majority in practice

  • Judges press for unanimity first. They only permit majority verdicts after a sufficient period. Even then, jurors are asked to try for a unanimous result if possible.
  • If a majority verdict is returned, the numbers are stated in open court so the judge can confirm it is a lawful majority for the jury size.

• If jurors are discharged

  • A juror may be removed due to illness or misconduct. The trial continues if at least 9 remain.
  • If numbers fall below 9, the jury is discharged and the trial ends.

• When the jury cannot agree

  • After a “give and take” direction and further deliberation, the judge may conclude the jury is deadlocked. The jury is discharged. The prosecution then decides on a retrial or discontinuance.

• After the verdict

  • Not guilty: the defendant is free to leave that case (unless there are other charges or proceedings).
  • Guilty: sentencing will follow. This might happen the same day or be set for a later date if reports are needed.

• Good practice for defendants and families

  • Do not contact or approach jurors, inside or outside court.
  • Avoid media comment during the trial.
  • Be prepared for waiting during deliberations; updates are limited to protect the process.
  • Ask your legal team to explain jury directions, especially if a majority becomes possible or a “give and take” direction is given.

Summary Checklist

• Criminal juries start with 12; trials can continue with as few as 9 jurors.
• Deliberations are private and legally protected from inquiry.
• Unanimous verdicts are sought first; majority verdicts are allowed after sufficient time.
• Permitted majorities:
  • 12 jurors: 11–1 or 10–2
  • 11 jurors: 10–1
  • 10 jurors: 9–1
  • 9 jurors: unanimous only
• Judges may give a “give and take” direction before accepting a failure to agree.
• Jurors must not research the case online or discuss it on social media; breaches can cause trials to collapse.
• Not guilty ends the case for the defendant; guilty leads to sentencing.
• If a jury is deadlocked, it is discharged. Prosecutors decide on a retrial or to stop the case.

Quick Reference