Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_124
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 124
Character Range: 11842–13209

124  Determination of questions by a military jury

 (1) In a trial of a charge of a service offence that is to be tried by Military Judge and military jury, the military jury is responsible for deciding the questions whether the accused person:
 (a) is guilty or not guilty of the offence; and
 (b) at the time of the act or omission the subject of the charge, was suffering from such unsoundness of mind as not to be responsible, in accordance with law, for that act or omission.

 (2) A decision of a military jury on the questions in subsection (1) is to be made by:
 (a) unanimous agreement of the jury members; or
 (b) if the conditions in subsection (3) are met—five‑sixths majority agreement of the jury members.

 (3) The conditions are:
 (a) the jury has deliberated for at least 8 hours; and
 (b) the jury does not have unanimous agreement after that time but does have five‑sixths majority agreement; and
 (c) the Australian Military Court is satisfied that:
 (i) the period of time for deliberation is reasonable, having regard to the nature and complexity of the case; and
 (ii) after examination on oath or affirmation of one or more of the jurors, it is unlikely that the jurors would reach unanimous agreement after further deliberation.

 (4) A military jury must sit without any other person present when deciding the questions in subsection (1).