The Criminal Procedure Rules 2020

Directions to the jury and taking the verdict

25.14.—(1) This rule applies where there is a jury.

(2) The court must give the jury directions about the relevant law at any time at which to do so will assist jurors to evaluate the evidence.

(3) After following the sequence in rule 25.9 (Procedure on plea of not guilty), the court must—

(a) summarise for the jury, to such extent as is necessary, the evidence relevant to the issues they must decide;

(b) give the jury such questions, if any, as the court invites jurors to answer in coming to a verdict;

(c) direct the jury to retire to consider its verdict;

(d) if necessary, recall the jury—

(i) to answer jurors’ questions, or

(ii) to give directions, or further directions, about considering and delivering its verdict or verdicts, including, if appropriate, directions about reaching a verdict by a majority;

(e) in a case in which the jury is required to return a single verdict—

(i) recall the jury (unless already recalled) when it informs the court that it has reached its verdict, and

(ii) direct the delivery of that verdict there and then;

(f) in a case in which the jury is required to return two or more verdicts—

(i) recall the jury (unless already recalled) when it informs the court that it has reached a verdict or verdicts, and

(ii) ask the jury whether its members all agree on every verdict required;

(g) if the answer to that question is ‘yes’, direct the delivery of each of those verdicts there and then; and

(h) if the answer to that question is ‘no’—

(i) direct the delivery there and then of any unanimous verdict that has been reached, or

(ii) postpone the taking of any such verdict while the jury considers each other verdict required.

(4) The court may give the jury directions, questions or other assistance in writing.

(5) When the court directs the jury to deliver its verdict or verdicts, the court must ask the foreman chosen by the jury, in respect of each count—

(a) whether the jury has reached a verdict on which all the jurors agree;

(b) if so, whether that verdict is guilty or not guilty;

(c) if not, where the jury has deliberated for at least 2 hours and if the court decides to invite a majority verdict, then—

(i) whether at least 10 (of 11 or 12 jurors), or 9 (of 10 jurors), agreed on a verdict,

(ii) if so, is that verdict guilty or not guilty, and

(iii) if (and only if) such a verdict is guilty, how many jurors agreed to that verdict and how many disagreed.

(6) Where evidence has been given that the defendant was insane, so as not to be responsible for the act or omission charged as the offence, then under paragraph (5)(b) the court must ask whether the jury’s verdict is guilty, not guilty, or not guilty by reason of insanity.

[Note. Under section 17 of the Juries Act 1974(1), the court may accept the verdict of a majority, as long as the jury has had at least 2 hours for deliberation.

Under section 6 of the Criminal Law Act 1967, the jury may convict a defendant of an offence other than one charged by the indictment if that offence is proved by the evidence.

The verdict to which rule 25.14(6) refers is provided for by section 2 of the Trial of Lunatics Act 1883(2). The evidence required before such a verdict may be reached is prescribed by section 1 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991(3).]

(1)

1974 c. 23.

(2)

1883 c. 38; section 2 was amended by section 17 of, and Schedule 2 to, the Criminal Lunatics Act 1884 (c. 64) and sections 1 and 8 of the Criminal Procedure (Insanity) Act 1964 (c. 84).

(3)

1991 c. 25.