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
Division 5--Delay and forensic disadvantage
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
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
Division 1--Consent and reasonable belief in consent (offences after 1 July 2015)
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
- 68 Transitional provisions