Number of jurors in criminal causes

(1) For the trial of the issue in every criminal cause in which the accused person is arraigned for an offence punishable with death, the jury shall consist of twelve persons and the verdict of that jury shall be unanimous, nevertheless on an indictment for murder that jury may, on or after the expiration of four hours from the time when it retired to consider its verdict, return a verdict of manslaughter if it considers that crime proved, whenever it is agreed in the proportion of eleven to one or ten to two, and that verdict when so delivered shall have the same effect as if the whole jury had concurred therein. (2) For the trial of the issue in every criminal cause in which the accused person is arraigned for an offence not punishable with death, the jury shall consist of nine persons and that jury may, on or after the expiration of two hours from the time when it retired to consider its verdict, return a verdict whenever it is agreed in the proportion of eight to one or seven to two, and that verdict when so delivered shall have the same effect as if the whole jury had concurred therein. (3) Notwithstanding anything contained in this section, it shall be lawful for the judge presiding over the trial of any criminal cause in which the accused person is arraigned for an offence not punishable with death, to direct, whenever in his opinion such a course would serve the ends of justice, that the cause be tried by a jury consisting of twelve persons, and that jury may, on or after the expiration of two hours from the time when it retired to consider its verdict, return a verdict whenever it is agreed in the proportion of eleven to one or ten to two, and that verdict when so delivered shall have the same effect as if the whole jury had concurred therein. Juries 25 (4) This section shall not apply where a trial is conducted without a jury under the provisions of section 65A or section 65B of the Indictable Procedural Act, Cap. 96. linquae.