How a jury verdict is delivered: unanimous and majority rules

The moment a jury returns to court is often the most closely watched point in a criminal trial. Behind the short announcement lie rules about how many jurors must agree, how long they must deliberate and who speaks for them. This courtroom guide explains how a jury verdict is reached and delivered, and how unanimous and majority rules differ between jurisdictions.

What a verdict is

A verdict is the jury's formal decision on each charge the defendant faces. In most common law systems the choices are guilty or not guilty. Scotland also allows a third verdict, not proven, which has the same legal effect as an acquittal. Jurors decide questions of fact, while the judge handles points of law and, in most cases, passes sentence.

Where there are several counts, the jury must return a verdict on each one. They may convict on some and acquit on others.

The unanimous verdict

A unanimous verdict means every juror agrees. It is the traditional standard and remains the starting point in many places. Judges in England and Wales, for example, first ask juries to try to reach a decision on which all of them agree.

Supporters of unanimity argue that it reinforces the high burden on the prosecution, because a single juror's doubt can prevent a conviction. Critics say it can let one holdout block a decision that most jurors support. Both arguments have shaped how different countries set their rules.

The majority verdict

A majority verdict is a decision reached when most, but not all, jurors agree. The rules on how large the majority must be, and when a court may accept one, vary widely.

England and Wales

A Crown Court jury usually has 12 members. Under the Juries Act 1974, the judge can accept a majority verdict only after the jury has had a reasonable time to deliberate, which in practice means at least two hours and ten minutes. A majority verdict is then valid if at least 11 of 12 agree, or 10 of 12. If the jury has fallen to 11 jurors, 10 must agree. With 10 jurors, nine must agree. A jury of nine or fewer must be unanimous.

When a majority guilty verdict is delivered, the foreperson must state in open court how many jurors agreed and how many disagreed. That figure is not given for a not guilty verdict.

Scotland

Scottish criminal juries have 15 members, and a verdict needs only a simple majority of eight. That makes it one of the lowest thresholds among common law systems, and it sits alongside the not proven verdict.

The United States

For decades, two states allowed non-unanimous convictions in serious cases. In Ramos v. Louisiana in 2020, the Supreme Court held that the Sixth Amendment requires a unanimous jury to convict of a serious offence, and that this applies in state courts as well as federal ones. A later ruling confirmed that the decision does not automatically reopen convictions that were already final. Rules for civil cases and for jury recommendations in capital sentencing differ from state to state.

Elsewhere

Canada generally requires unanimity in criminal trials. Several Australian states permit majority verdicts, but only after a minimum period of deliberation and with a high threshold, often 11 of 12 jurors. Rules differ by state and, for federal offences, can differ again, so it is best to check the law of the jurisdiction concerned.

The role of the foreperson

Each jury chooses a foreperson, sometimes called the foreman in older usage. The foreperson chairs discussion, makes sure everyone has a chance to speak, communicates with the judge through written notes and announces the verdict in court. The role carries no extra voting power, and the foreperson's vote counts the same as any other juror's.

How the verdict is delivered in court

The process is formal and follows a set order.

1. The jury returns. The court is reassembled, and the defendant must normally be present.
2. The clerk checks the jury. The jurors are counted, and the clerk asks the foreperson to stand.
3. The question is put. In England and Wales, the clerk asks whether the jury has reached a verdict on which all agree. If the judge has allowed majority verdicts, the clerk asks whether at least the required number agree.
4. The verdict is given count by count. The foreperson says guilty or not guilty for each charge.
5. The result is recorded. The judge may thank the jurors, discharge them and set a date for sentencing or other steps.

In the United States, either side may ask for the jury to be polled. Each juror is then asked individually to confirm that the verdict is theirs, which helps to show that it is genuine and, where required, unanimous.

When jurors cannot agree

If a jury cannot reach a verdict that meets the legal threshold, even after further direction from the judge, the case may end without a result. The prosecution can then decide whether to seek a fresh trial. The rules for that situation are covered in separate guides on this site.

Why the rules matter

The threshold for agreement affects how jurors deliberate, how long a trial may take and how confident the public can be in the outcome. Unanimous and majority rules reflect different judgments about the balance between protecting defendants from wrongful conviction and preventing a single juror from deadlocking a case. Whichever system applies, the verdict is announced in open court and is reported accurately, with any appeal rights and sentencing to follow.