Section 374 — Crimes Act 1961: Discharge of jury

374 Discharge of jury (1) Subject to the provisions of this section, the Court may in its discretion, in the case of any emergency or casualty rendering it, in the opinion of the Court, highly expedient for the ends of justice to do so, discharge the jury without their giving a verdict. (2) Without limiting subsection (1) of this section, where a jury has remained in deliberation for such period as the Judge thinks reasonable, being not less than 4 hours, and does not agree on the verdict to be given, the Judge may discharge the jury without their giving a verdict. (3) Subsection (4) applies if, at any time before the verdict of the jury is taken, the Court is of the opinion that— (a) A juror is incapable of continuing to perform his or her duty; or (b) A juror is disqualified; or (c) the spouse, civil union partner, or de facto partner of a juror, or a family member of a juror, is ill or has died; or (ca) a family member of a juror's spouse, civil union partner, or de facto partner is ill or has died; or (d) A juror is personally concerned in the facts of the case; or (e) A juror is closely connected with 1 of the parties or with 1 of the witnesses or prospective witnesses. (4) Where this subsection applies, the Court, having regard to the interests of justice, may,— (a) Make an order discharging the jury without their giving a verdict; or (b) Subject to subsection (4A) , make an order to proceed with the remaining jurors and take their verdict. (4A) The Court must not proceed with fewer than 11 jurors except in the following cases: (a) If the prosecutor and the accused consent: (b) If the Court considers that, because of exceptional circumstances relating to the trial (including, without limitation, the length or expected length of the trial), and having regard to the interests of justice, the Court should proceed with fewer than 11 jurors;

and in that case— (i) The Court may proceed with 10 jurors whether or not the prosecutor and the accused consent: (ii) The Court may proceed with fewer than 10 jurors only if the prosecutor and the accused consent. (5) If the Court proceeds with fewer than 12 jurors, their verdict has the same effect as the verdict of 12 jurors. (6) Where the Court discharges a jury under this section, it shall either direct that a new jury be empanelled during the sitting of the Court, or postpone the trial on such terms as justice requires. (7) If the presiding Judge becomes incapable of trying the case or directing that the jury be discharged, the Registrar shall discharge the jury. (8) No Court may review the exercise of any discretion under this section. Subsection (3) was amended, as from 14 December 1979, by section 3 Crimes Amendment Act (No 2) 1979 (1979 No 127) by substituting the words “ at any time before the verdict of the jury is taken ” for the words “ before the jury retire to consider their verdict ” . Section 374 was substituted, as from 1 May 1981, by section 13(1) Crimes Amendment Act 1980 (1980 No 85). Subsections (3), (4), and (5) were substituted, and subsection (4A) was inserted, as from 11 December 1997, by section 3 Crimes Amendment Act (No 3) 1997 (1997 No 99). Subsection (3)(c) was substituted, as from 1 January 2002, by section 47 Human Rights Amendment Act 2001 (2001 No 96). Subsection (3)(c) was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3). Subsection (3)(ca) was inserted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).