Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZQ

103ZQ When directions under subdivisions 3 and 4 must be given

(1) The judge must give any 1 or more of the directions set out in subdivision 3 in the criminal proceeding—

(a) if there is a good reason to give the direction; or

(b) if requested to give the direction by a party to the proceeding, unless there is a good reason not to give the direction.

(2) If the judge is to give a direction under subdivision 3 or 4 , the direction must be given at the earliest time in the criminal proceeding that the judge determines is appropriate.

(3) However, subsection (2) does not prevent the judge from giving a direction under subdivision 3 or 4 at any time during the criminal proceeding, including—

(a) before any evidence is adduced in the proceeding; and

(b) in the judge’s summing up to the jury.

(4) The judge may repeat a direction under subdivision 3 or 4 at any time in the criminal proceeding.

(5) The judge is not required to use a particular form of words in giving a direction under subdivision 3 or 4 .