ABSTRACT

A jury is entitled to return a verdict of not guilty, guilty of the offence charged or guilty of a possible alternative offence. The jury may also fail to agree on a verdict. If a jury in the Commonwealth Caribbean delivers a verdict of guilty to a capital charge, it must be a verdict on which they all agree, but for one jurisdiction. A judge must say nothing to convey to the part of the jury that they must bring in a particular verdict or even that they must bring in a verdict at all. It is a misdirection to imply an obligation on the jury to agree, since the jury has a right to disagree. In some instances, a jury may spend hours deliberating and yet not agree on a verdict. In such cases it may be difficult for a trial judge to determine what he should or could properly do or say to the jury.