Requirements for a Verdict - National Judicial Institute

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

12.3 Requirements for a Verdict

(Last revised June 2012)

[1] A verdict, whether of guilty or not guilty, is the unanimous decision of the jury. To return a verdict (with respect to each person charged) on a count requires that all of you agree on your verdict. While your verdict on any count must be unanimous, your route to the verdict need not be. You could all be satisfied of (NOA)’s guilt beyond a reasonable doubt even though individually you have different views of the evidence. Similarly, you could all have a reasonable doubt about (NOA)’s guilt but not agree why. It matters not, provided that your verdict on the count is unanimous.

[2] You should make every reasonable effort, however, to reach a verdict. Consult with one another. Express your own views. Listen to the views of others. Discuss your differences with an open mind. Try your best to decide this case.

[3] I am now handing you a verdict sheet[1] (provide explanation for recording the verdict). If you reach a unanimous verdict (on a count or counts), your foreperson should record it on your verdict sheet and notify the (specify, sheriff, constable or other). We will come back into court to receive it. Your foreperson will tell us your verdict in the courtroom.

[4] If you cannot reach a unanimous verdict (on a count or counts), you should notify the (specify, sheriff, constable or other) in writing. S/he will bring me your message.

[1] The verdict sheet should set out the possible verdicts on each count for each accused. For included offences, the option should read “not guilty of (offence charged), but guilty of the included offence of (specify)”. The verdict sheet should be discussed with counsel before it is given to the jury to ensure that it accurately sets out all the available verdicts.