Where a trial 'on indictment' has been prescribed, it is an essential element that it be found by a unanimous verdict of guilty by 12 lay members of the public. This requirement stems from the (historical) meaning of 'jury' at the time that the Constitution was written and is (in principle) thus an integral element of trial by jury.. Unlike in the Australian states, an accused person cannot elect a Judge-only trial, even where both the accused and the prosecutor seek such a trial.
Where a trial 'on indictment' has been prescribed, it is an essential element that it be found by a unanimous verdict of guilty by 12 lay members of the public. This requirement stems from the (historical) meaning of 'jury' at the time that the Constit,ution was written and is (in principle) thus an integral element of trial by jury.. Unlike in the Australian states, an accused per?son cannot elect a Judge-only trial, even where both the accused and the prosecutor seek such a trial.