JURY DIRECTIONS ACT 2015 (NO. 14 OF 2015)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Application of Act
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 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
PART 5--SEXUAL OFFENCES
Division 1--Consent and reasonable belief in consent
- 45 Application of Division
- 46 Direction on consent
- 47 Direction on 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
- 52 Direction on delay in complaint or lack of complaint
- 53 Additional direction on delay in complaint or lack of complaint
- 54 Abolition of common law rules
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
- 61 What must be proved beyond reasonable doubt
- 62 Abolition of common law obligation to give certain directions
- 63 When trial judge may explain "proof beyond reasonable doubt"
- 64 How explanation may be given in response to jury question
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
PART 10--CONSEQUENTIAL AND OTHER AMENDMENTS
Division 1--Consequential amendments
- 69 Consequential amendments
- 70 Comment on failure to give evidence
- 71 Tendency and coincidence
- 72 Exclusion of evidence of identification by pictures
Division 4--of Part 4 of the Jury Directions Act 2015 also deals with warnings about identification evidence.".
- 73 Directions to jury
- 74 Corroboration requirements
- 75 Unreliable evidence
- 76 Warnings in relation to children's evidence
- 77 Delay in prosecution
- 78 New Part 6 of Schedule 2 inserted
- 80 Time limits on prosecuting certain former sexual offences removed
Division 5--Repeal of amending Part
