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Hung jury cases in a Jersey court can go to retrial

A single retrial will be possible where a jury at Jersey's Royal Court has failed to reach a verdict

A hung jury is when 10 out of the 12 jurors cannot agree on a guilty or not guilty verdict. 

Previously, this meant the defendant was neither acquitted nor convicted of the offence or offences they were accused of committing.

With the change, there will now be a single retrial only, with a new jury, in an attempt to deliver a verdict.

Justine and Home Affairs Minister Deputy Mary Le Hegarat, brought the changes before the States Assembly to solve what she called a 'gap' in the justice system.

She said 'a hung jury is not a verdict' and that it  'leaves victims, families and the public without any clear answer'.

The move followed the recent L'Ecume II trial, where the jury failed to reach verdicts on some of the charges.

READ: Move to allow a retrial in Jersey after a hung jury

During the States debate, former Justice minister Deputy Helen Miles echoed the minister's sentiment:

"No one has been found guilty, no one has been convicted, the question is still sitting there unanswered.

"The justice system exists to resolve serious allegations, not to leave them hanging indefinitely. 

"At the moment, Jersey is effectively saying, 'if the jury can't decide, that's okay, we'll just give up.'"

There was concern amongst those opposed, who saw a second trial as giving the prosecution a 'second bite of the cherry.'

READ: 'Not finding guilt is a verdict' says Human Rights Group on retrial law

Opponents said that if the prosecution can't convince 10 of 12 the jury of the person's guilt, then the person should be acquitted.

Other points raised in the debate included questioning the aptness of the definition of a 'hung jury', and the ratio needed for a verdict. 

The law change was part of wider reforms of the Criminal Justice (Procedures) Law, which passed by 43-1 votes.

However, the vote on the articles relating to allowing a retrial was 27-15, with three members abstaining.

The wider amendments will also allow serious cases - heard by the 'Superior Number of the Royal Court - to be put before three jurats instead of five.

The number of reserve jurors will be increased from two to four in trials expected to last more than 30 days.

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