68Return of verdictS
(1)In jury proceedings, the sheriff must, at the end of the sheriff's charge to the jury, direct the jury to select one of their members to speak for them when returning their verdict.
(2)The jury may at any time return a verdict by a simple majority of their members.
(3)Subsection (4) applies if the jury—
(a)have been enclosed for at least 3 hours, and
(b)at the end of that time are unable to agree a verdict or to return a verdict by majority.
(4)The sheriff may—
(a)discharge the jury without their having returned a verdict, and
(b)order the proceedings to be tried by another jury.
(5)When the verdict is returned, it is to be—
(a)declared orally in open court by the juror selected under subsection (1), and
(b)taken down in writing by the sheriff clerk before the jury is discharged.
(6)In jury proceedings containing a claim for damages, where the jury return a verdict for the pursuer, the jury must also assess the amount of damages.
(7)The verdict of the jury is final so far as relating to the facts found by the jury.
(8)Subsection (7) is subject to sections 69 and 71.
Commencement Information
I1S. 68 in force at 22.9.2015 by S.S.I. 2015/247, art. 2, Sch.