This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Curious about the courtroom? Discover how jurors deliberate, the difference between unanimous and majority verdicts, and how they apply the law to reach a final decision.
The Jury's Verdict Function
In the legal system of England and Wales, juries play a central role in deciding the outcome of many serious criminal cases heard in the Crown Court. A jury's decision determines whether a defendant is convicted or acquitted based on evidence and legal guidance provided during trial. Understanding how jury decisions are reached is essential for defendants, solicitors, students, and members of the public who want to understand this core component of the justice system.
This article sets out the key steps in the jury decision‑making process, legal standards applied, how verdicts are recorded, what happens when deliberations break down, and what practical considerations jurors must bear in mind.
The Role of the Jury at the End of Trial
Once all evidence has been presented by both prosecution and defence, the jury withdraws from the courtroom to begin discussions in private. This retired room is where deliberations occur, and where jurors analyse and weigh up the evidence they have heard. The judge in the courtroom will have given clear directions on the relevant law and legal standards before the jury begins deliberating. Jurors must apply these instructions when considering the facts of the case.
Jurors are required to remain impartial and must not consider information that has not been admitted as evidence in court. They should not conduct research, consult media reports, or share details of the case with anyone outside the jury room. Doing so can amount to a contempt of court and compromise the fairness of the trial.
Starting with a Unanimous Verdict
In most cases, the jury is first asked to try to reach a unanimous verdict. That means all jurors agree on whether the defendant is guilty or not guilty on each count. A unanimous verdict is the traditional and preferred outcome in jury trials in England and Wales.
Jurors in criminal trials must apply the legal standard of proof known as beyond reasonable doubt when considering guilt. This is a high threshold that requires jurors to be firmly satisfied of the defendant's guilt based on the evidence presented.
Majority Verdicts: When Unanimity Proves Elusive
If the jury cannot agree unanimously after sufficient deliberation, the judge may give a majority direction. This tells the jury that they should continue trying to find common ground but that a less than unanimous verdict may be accepted if a specified majority can be reached. Judges must not give a majority direction before the jury has deliberated for at least two hours and ten minutes.
Under current practice for criminal trials in England and Wales, a majority verdict can be accepted if:
- At least 10 of 12 jurors agree (10–2 or 11–1), or
- If there are fewer jurors (for example, if one has withdrawn), appropriate majority thresholds apply (e.g. 9 of 10 jurors).
If a majority verdict is returned, the court clerk will ask jurors to confirm whether the verdict is by unanimous agreement or by majority, and, in the case of a guilty verdict, how many jurors agreed and how many dissented. However, if the verdict is not guilty after a majority direction, jurors are not asked for details of how many supported it.
Majority verdicts are treated the same as unanimous verdicts for subsequent legal processes, such as sentencing.
The Verdict Delivery Process
Once a decision is reached within the jury room:
- Informing the court: The jury notifies a court official that they have reached a verdict.
- Foreperson's role: One juror, known as the foreperson, attends court and announces the decision in open court.
- Verdict form: The foreperson submits the formal verdict form indicating the jury's finding on each count.
The jury does not have to explain its reasoning. Jurors' deliberations are confidential and must not be disclosed, even after the trial concludes. Breaking this confidentiality is contempt of court.
What Happens if the Jury Cannot Agree
In some cases, even after extensive deliberation and a majority direction, the jury may remain unable to reach a verdict that meets the legal threshold. When this occurs, the jury is said to be hung or deadlocked. A hung jury means that neither a unanimous nor an acceptable majority verdict has been possible.
If a jury is hung, the judge may discharge the jury. The Crown Prosecution Service then decides whether to re‑try the case with a new jury or to discontinue proceedings if that is considered appropriate in the public interest.
Special Considerations and Practical Context
- Role of legal directions: The judge is responsible for instructing jurors on the law that applies. Jurors do not decide questions of law.
- Impartial assessment: Jurors must base decisions solely on evidence presented in court and must not be influenced by outside sources.
- Confidential deliberations: What happens in the jury room remains private; jurors should not discuss deliberations with anyone outside the jury at any time.
Key Takeaways
In England and Wales, a jury's decision reaches its conclusion through a structured process of deliberation following the presentation of evidence and legal instructions. Jurors first aim for unanimity, meaning all members agree. Where unanimity cannot be achieved after reasonable deliberation, a majority verdict may be acceptable under legal threshold rules. If jurors cannot reach either a unanimous or a majority verdict, the jury is considered hung, and options including retrial arise. Throughout, jurors must be impartial, follow legal directions, and ensure that their verdict reflects a fair assessment of the evidence presented.
