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JURY DIRECTIONS ACT 2015

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purposes  
  • 2 Commencement  
  • 3 Definitions  
  • 4 Application of Act  
  • 4A Application of Act to criminal proceedings without juries  

PART 2--GENERAL

  • 5 Guiding principles  
  • 6 Particular form of words not required for direction  
  • 7 Correction of statements or suggestions that are contrary to Act  
  • 8 Power to extend or abridge time  

PART 3--REQUEST FOR DIRECTIONS

  • 9 Purposes of Part  
  • 10 Application of Part  
  • 11 Counsel to assist in identification of matters in issue  
  • 12 Legal practitioners must request that particular directions be given or not given  
  • 13 Unrepresented accused  
  • 14 Trial judge must give requested directions  
  • 15 Trial judge must not give direction that has not been requested  
  • 16 When trial judge must give direction regardless of parties' views  
  • 17 Abolition of common law obligation to give certain directions does not limit section 16(1)  

PART 4--EVIDENTIAL DIRECTIONS

Division 1--Post-offence conduct

  • 18 Definitions  
  • 19 Prosecution notice of evidence to be relied on as evidence of incriminating conduct  
  • 20 Evidence of incriminating conduct  
  • 21 Mandatory direction on use of evidence of incriminating conduct  
  • 22 Additional direction on incriminating conduct  
  • 23 Direction to avoid risk of improper use of evidence  
  • 24 Abolition of common law rules continues  

Division 2--Other misconduct evidence

  • 25 Application of Division  
  • 26 Definitions  
  • 27 Direction on other misconduct evidence adduced by the prosecution  
  • 28 Direction on other misconduct evidence adduced by accused about a co-accused  
  • 29 Direction to avoid risk of improper use of other misconduct evidence  
  • 30 Abolition of common law rules  

Division 3--Unreliable evidence

  • 31 Definition  
  • 32 Direction on unreliable evidence  
  • 33 Prohibited statements and suggestions in relation to reliability of children's evidence  
  • 34 Abolition of common law rules  

Division 4--Identification evidence

  • 35 Definition  
  • 36 Direction on identification evidence  
  • 37 Abolition of common law rules  

Division 5--Delay and forensic disadvantage

  • 38 Definition  
  • 39 Direction on significant forensic disadvantage  
  • 40 Abolition of common law rules  

Division 6--Failure to give evidence or call witness

  • 41 Direction on accused not giving evidence or calling witness  
  • 42 Prohibited statements and suggestions in relation to accused who does not give evidence or call witness  
  • 43 Direction on prosecution not calling or questioning witness  
  • 44 Abolition of common law rules  

Division 7--Previous representations

  • 44A Definition  
  • 44B Direction not required regarding repetition of previous representation  
  • 44C Direction not required regarding evidence of person who saw, heard or perceived complaint  
  • 44D Direction not required regarding complaint made in general terms  
  • 44E Abolition of common law rules  

Division 8--Doubts regarding truthfulness or reliability of victim's evidence

  • 44F Prohibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence  
  • 44G Abolition of common law rules  

Division 9--Accused giving evidence, interest in outcome of trial

  • 44H Prohibited statements and suggestions in relation to interest in outcome of trial  
  • 44I Direction on accused giving evidence or interest of accused in outcome of trial  
  • 44J Prohibited directions in relation to evidence of an accused  
  • 44K Abolition of common law rules  

Division 10--Whether a prosecution witness has a motive to lie

  • 44L Direction on prosecution witness's motive to lie  
  • 44M Abolition of common law rules  

Division 11--Language and cognitive skills of child witness

  • 44N Direction on language and cognitive skills of child witness  

PART 5--SEXUAL OFFENCES

Division 1AA--Early indication of likely directions under this Part

  • 44O Application of Division  
  • 44P Trial judge may request indication from parties  

Division 1--Consent and reasonable belief in consent (offences after 1 July 2015)

  • 45 Application of Division  
  • 46 Direction on consent  
  • 47 Direction on reasonable belief in consent  

Division 1A--Consent and reasonable belief in consent (offences before, on or after 1 July 2015)

  • 47A Application of Division  
  • 47B Part 3 does not apply  
  • 47C Trial judge must give directions on consent and reasonable belief in consent  
  • 47D Direction on the absence of physical injury, violence or a threat  
  • 47E Direction on responses to a non‑consensual sexual act  
  • 47F Direction on other sexual activity  
  • 47G Direction on personal appearance and irrelevant conduct  
  • 47H Direction on non-consensual sexual acts occurring between all sorts of people  
  • 47I Direction on general assumptions not informing a reasonable belief in consent  

Division 2--Delay and credibility

  • 48 Application of Division  
  • 49 Part 3 does not apply  
  • 50 Definitions  
  • 51 Prohibited statements and suggestions in relation to complainants, delay and unreliability  
  • 52 Direction on delay in complaint or lack of complaint  
  • 54 Abolition of common law rules  

Division 3--Differences in complainant's account

  • 54A Application of Division  
  • 54B Part 3 does not apply  
  • 54C Definition  
  • 54D Direction on difference in complainant's account  

Division 4--Continuation of relationship or communication after sexual offence

  • 54E Application of Division  
  • 54F Part 3 does not apply  
  • 54G Definition  
  • 54H Direction on evidence of post-offence relationship  

Division 5--Whether complainant is distressed or emotional while giving evidence

  • 54I Application of Division  
  • 54J Part 3 does not apply  
  • 54K Direction on whether complainant is distressed or emotional while giving evidence  

PART 6--FAMILY VIOLENCE

  • 55 Application of Part  
  • 56 Part 3 does not apply  
  • 57 Definition  
  • 58 Request for direction on family violence  
  • 59 Content of direction on family violence  
  • 60 Additional matters for direction on family violence  

PART 7--GENERAL DIRECTIONS

Division 1--Proof beyond reasonable doubt

  • 61 What must be proved beyond reasonable doubt  
  • 62 Abolition of common law obligation to give certain directions  
  • 63 Trial judge must explain "proof beyond reasonable doubt"  
  • 64 How explanation may be given  

Division 2--Perseverance and majority verdicts

  • 64A Definition  
  • 64B Restriction on when direction to persevere may be given  
  • 64C Trial judge need not give direction to persevere before giving majority verdict direction  
  • 64D Abolition of common law rules  

Division 3--Jury deliberations

  • 64E Directions on order in which offences to be considered  
  • 64F Directions on order in which elements, defences and issues in dispute to be considered  
  • 64G Abolition of common law rules  

PART 8--TRIAL JUDGE'S SUMMING UP

  • 65 Trial judge's obligations when summing up  
  • 66 Trial judge required to identify only evidence necessary for determination of issues  
  • 67 Trial judge may give integrated directions  

PART 9--TRANSITIONAL PROVISIONS

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