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Jury Directions and Other Acts Amendment
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of Jury Directions Act 2015 4
3 New section 4A inserted 4
4 Direction on significant forensic disadvantage 5
5 New Divisions 7, 8, 9 and 10 of Part 4 inserted 5
6 Prohibited statements and suggestions in relation to
complainants 12
7 New Division 3 of Part 5 inserted 12
8 New Division heading inserted in Part 7 15
9 New Divisions 2 and 3 of Part 7 inserted 15
10 Schedule 1 amended 18
Part 3--Amendment of Criminal Procedure Act 2009 20
11 Jury documents 20
12 New section 223A inserted 20
13 Repeal of provisions relating to giving of evidence 22
14 Section 377 substituted 22
15 New section 448 inserted 22
16 Statute law revision 23
Part 4--Amendment of Evidence Act 2008 24
17 Exception--criminal proceedings if maker available 24
18 New Part 7 of Schedule 2 inserted 25
Part 5--Amendment of Evidence (Miscellaneous Provisions)
Act 1958 26
19 Section 42V repealed 26
20 New section 166 inserted 26
Part 6--Amendment of Juries Act 2000 27
21 Peremptory challenges in criminal trials 27
22 Failure to reach unanimous verdict in criminal trials 27
i
Clause Page
23 Schedule 6 amended 28
Part 7--Repeal of amending Act 29
24 Repeal of amending Act 29
═══════════════
Endnotes 30
1 General information 30
ii
Jury Directions and Other Acts
Amendment Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Jury Directions Act 2015 in
relation to--
(i) criminal proceedings that do not
involve a jury; and
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No. of 2017
Part 1--Preliminary
(ii) directions on evidence of a previous
representation; and
(iii) directions on doubts regarding
the truthfulness or reliability of the
evidence of a victim; and
(iv) directions on the giving of evidence
by an accused; and
(v) directions on the interest an accused or
a witness has in the outcome of a trial;
and
(vi) directions on a prosecution witness's
motive to lie; and
(vii) directions about differences in a
complainant's account of an alleged
sexual offence; and
(viii) directions about majority verdicts
and persevering to reach a unanimous
verdict; and
(ix) directions about the order in which
certain matters are considered in jury
deliberations; and
(b) to amend the Criminal Procedure
Act 2009--
(i) to repeal provisions relating to an
exception to the hearsay rule and the
giving of evidence by alternative
means; and
(ii) to make further provision in relation to
documents that are given to juries; and
(c) to amend the Evidence Act 2008 in relation
to an exception to the hearsay rule; and
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Part 1--Preliminary
(d) to amend the Evidence (Miscellaneous
Provisions) Act 1958 to repeal provisions
relating to the giving of evidence by
alternative means; and
(e) to amend the Juries Act 2000 in relation
to--
(i) peremptory challenges in criminal
trials; and
(ii) the failure of a jury to reach a
unanimous verdict; and
(f) to make minor amendments of a statute law
revision nature.
2 Commencement
(1) Sections 21 and 23 come into operation on the day
after the day on which this Act receives the Royal
Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 October 2017, it comes into
operation on that day.
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No. of 2017
Part 2--Amendment of Jury Directions Act 2015
Part 2--Amendment of Jury
Directions Act 2015
3 New section 4A inserted
After section 4 of the Jury Directions Act 2015
insert--
"4A Application of Act to criminal proceedings
without juries
(1) This section applies to--
(a) a summary hearing or committal
proceeding under the Criminal
Procedure Act 2009; and
(b) an appeal or case stated under the
Criminal Procedure Act 2009; and
(c) an appeal or case stated under Part 5.4
of the Children, Youth and Families
Act 2005; and
(d) a special hearing under Division 3
of Part 5A of the Crimes (Mental
Impairment and Unfitness to be
Tried) Act 1997; and
(e) an appeal under section 24AA or 38ZE
of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997.
(2) The court's reasoning with respect to any
matter in relation to which Part 4, 5, 6 or 7
makes provision--
(a) must be consistent with how a jury
would be directed in accordance with
this Act; and
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Part 2--Amendment of Jury Directions Act 2015
(b) must not accept, rely on or adopt--
(i) a statement or suggestion that
this Act prohibits a trial judge
from making; or
(ii) a direction that this Act prohibits
a trial judge from giving.".
4 Direction on significant forensic disadvantage
In section 39(3)(b)(ii) of the Jury Directions
Act 2015, for "complainant's" substitute
"victim's".
5 New Divisions 7, 8, 9 and 10 of Part 4 inserted
After Division 6 of Part 4 of the Jury Directions
Act 2015 insert--
"Division 7--Previous representations
44A Definition
In this Division--
previous representation has the same
meaning as in the Evidence Act 2008.
44B Direction not required regarding
repetition of previous representation
If evidence is given of a previous
representation, the trial judge is not required
to direct the jury that repeating a previous
representation does not make the asserted
fact true.
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Part 2--Amendment of Jury Directions Act 2015
44C Direction not required regarding evidence
of person who saw, heard or perceived
complaint
(1) This section applies if--
(a) evidence is given of a previous
representation by a person who saw,
heard or otherwise perceived the
representation being made; and
(b) the representation is a complaint,
made by the victim of an alleged
offence, about the commission of
the offence.
(2) The trial judge is not required to direct
the jury that the evidence of the previous
representation does not independently
confirm the victim's evidence of the
commission of the alleged offence.
44D Direction not required regarding
complaint made in general terms
(1) This section applies if--
(a) evidence is given of a previous
representation; and
(b) the representation is a complaint,
made by the victim of an alleged
offence, about the commission of
the offence; and
(c) the complaint is made in general terms.
(2) The trial judge is not required to direct the
jury not to substitute the evidence of the
previous representation for evidence relating
to a specific charge.
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Part 2--Amendment of Jury Directions Act 2015
44E Abolition of common law rules
Any rule of common law under which a trial
judge is required to give the jury a direction
referred to in this Division is abolished.
Notes
1 This provision abolishes directions based on--
• Papakosmas v R (1999) 196 CLR 297; and
• R v Stoupas [1998] 3 VR 645; and
• R v HJS [2000] NSWCCA 205.
2 Section 4 applies generally to override any rule of law
or practice to the contrary of this Act.
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
In a trial in which more than one offence is
charged, the trial judge must not direct the
jury that if the jury doubts the truthfulness or
reliability of the victim's evidence in relation
to a charge, that doubt must be taken into
account in assessing the truthfulness or
reliability of the victim's evidence generally
or in relation to other charges.
Note
This section prohibits the trial judge from giving a
particular direction to the jury. This does not limit the
obligation of the trial judge to refer the jury to the way in
which the prosecution and the accused put their cases in
relation to the issues in the trial--see section 65.
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Part 2--Amendment of Jury Directions Act 2015
44G Abolition of common law rules
Any rule of common law under which a
trial judge is required or permitted to give
the jury a direction referred to in section 44F
is abolished.
Notes
1 This provision abolishes the rule attributed to
R v Markuleski (2001) 52 NSWLR 82.
2 Section 4 applies generally to override any rule of
law or practice to the contrary of this Act.
Division 9--Accused giving evidence,
interest in outcome of trial
44H Prohibited statements and suggestions in
relation to interest in outcome of trial
The trial judge, the prosecution and defence
counsel (or, if the accused is unrepresented,
the accused) must not say, or suggest in any
way, to the jury that--
(a) an interest in the outcome of the
trial is a factor to take into account in
assessing the evidence of witnesses
generally; or
(b) the evidence of an accused is less
credible, or requires more careful
scrutiny, because any person who is
on trial has an interest in the outcome
of that trial.
Notes
1 Section 7 provides for correction of statements or
suggestions to the contrary of this provision.
2 The trial judge, the prosecution and defence counsel
(or, if the accused is unrepresented, the accused) may
say or suggest that a witness, or an accused, has a
particular interest in the outcome of the trial and this
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Part 2--Amendment of Jury Directions Act 2015
interest does or may affect the credibility of the witness
or the accused.
44I Direction on accused giving evidence or
interest of accused in outcome of trial
(1) Defence counsel may request under
section 12 that the trial judge direct the jury
on either or both of the following--
(a) the giving of evidence by the accused;
(b) the interest that the accused has in the
outcome of the trial.
(2) In giving a direction referred to in subsection
(1), the trial judge must explain that--
(a) the accused is not required to give
evidence; and
(b) the fact that the accused has
given evidence does not change the
prosecution's obligation to prove that
the accused is guilty; and
(c) the jury must assess the evidence of
the accused in the same way that the
jury assesses the evidence of any other
witness; and
(d) the jury must not give less weight to
the evidence of the accused just
because any person who is on trial has
an interest in the outcome of that trial.
Notes
1 Section 14 requires the trial judge to give this
direction, if requested, unless there are good reasons
for not doing so. Section 16 requires the trial judge to
give a direction if the trial judge considers that there
are substantial and compelling reasons for doing so.
2 Section 41 provides for a direction on an accused not
giving evidence or calling a particular witness.
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Part 2--Amendment of Jury Directions Act 2015
44J Prohibited directions in relation to
evidence of an accused
The trial judge must not direct the jury about
any of the following matters in relation to the
evidence of an accused--
(a) whether the accused is under more
stress than any other witness;
(b) that the accused gave evidence
because--
(i) a guilty person who gives
evidence will more likely be
believed; or
(ii) an innocent person can do
nothing more than give
evidence.
Note
This section prohibits the trial judge from giving directions
to the jury about particular matters. This does not limit the
obligation of the trial judge to refer the jury to the way in
which the prosecution and the accused put their cases in
relation to the issues in the trial--see section 65.
44K Abolition of common law rules
(1) Any rule of common law under which a trial
judge is prohibited from directing the jury on
the interest a witness or an accused may have
in the outcome of a trial is abolished.
(2) Any rule of common law under which a
trial judge is required or permitted to direct
the jury about the matters referred to in
section 44J in relation to the evidence of an
accused is abolished.
Notes
1 Subsection (1) abolishes the rule attributed to
Robinson v R [1991] HCA 38; (1994) 180 CLR 531.
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Part 2--Amendment of Jury Directions Act 2015
2 Subsection (2) abolishes directions based on--
• R v Haggag [1998] VSC 355; (1998) 101
A Crim R 593; and
• R v McMahon [2004] VSCA 64; (2004) 8
VR 101; and
• R v Buckley [2004] VSCA 185; (2004) 10
VR 215.
3 Section 4 applies generally to override any rule of law
or practice to the contrary of this Act.
Division 10--Whether a prosecution
witness has a motive to lie
44L Direction on prosecution witness's motive
to lie
(1) If the issue of whether a witness for the
prosecution has a motive to lie is raised
during a trial, defence counsel may request
under section 12 that the trial judge direct
the jury on that issue.
(2) In giving a direction referred to in
subsection (1), the trial judge must explain--
(a) the prosecution's obligation to prove
that the accused is guilty; and
(b) that the accused does not have to prove
that the witness had a motive to lie.
Note
Section 14 requires the trial judge to give this direction, if
requested, unless there are good reasons for not doing so.
Section 16 requires the trial judge to give a direction if the
trial judge considers that there are substantial and
compelling reasons for doing so.
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Part 2--Amendment of Jury Directions Act 2015
44M Abolition of common law rules
(1) Except as provided by this Division, a trial
judge is not required or permitted to direct
the jury on the issue of whether a witness for
the prosecution has a motive to lie.
(2) Any rule of common law to the contrary of
subsection (1) is abolished.
Notes
1 Subsection (2) abolishes directions based on
Palmer v R [1998] HCA 2; 193 CLR 1.
2 Section 4 applies generally to override any rule of law
or practice to the contrary of this Act.".
6 Prohibited statements and suggestions in relation to
complainants
In the heading to section 51 of the Jury
Directions Act 2015, for "complainants"
substitute "complainants, delay and
unreliability".
7 New Division 3 of Part 5 inserted
After Division 2 of Part 5 of the Jury Directions
Act 2015 insert--
"Division 3--Differences in
complainant's account
54A Application of Division
This Division applies to a criminal
proceeding that relates (wholly or partly) to
a charge for a sexual offence or a charge for
an offence of conspiracy or incitement to
commit a sexual offence.
54B Part 3 does not apply
Part 3 does not apply to this Division.
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54C Definitions
In this Division--
difference in an account includes--
(a) a gap in that account; and
(b) an inconsistency in that account;
and
(c) a difference between that account
and another account;
sexual offence has the same meaning as in
the Criminal Procedure Act 2009.
54D Direction on difference in complainant's
account
(1) If, after hearing submissions from the
prosecution and defence counsel (or, if the
accused is unrepresented, the accused), the
trial judge considers that there is evidence
in the trial that suggests a difference in
the complainant's account of the offence
charged that is relevant to the complainant's
credibility or reliability, the trial judge must
direct the jury in accordance with
subsection (2).
(2) In giving a direction referred to in
subsection (1), the trial judge must inform
the jury that--
(a) it is up to the jury to decide whether
the offence charged, or any alternative
offence, was committed; and
(b) differences in a complainant's account
may be relevant to the jury's assessment
of the complainant's credibility and
reliability; and
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Part 2--Amendment of Jury Directions Act 2015
(c) experience shows that--
(i) people may not remember all the
details of a sexual offence or may
not describe a sexual offence in
the same way each time; and
(ii) trauma may affect different people
differently, including by affecting
how they recall events; and
(iii) it is common for there to be
differences in accounts of a
sexual offence; and
Example
People may describe a sexual offence
differently at different times, to different
people or in different contexts.
(iv) both truthful and untruthful
accounts of a sexual offence
may contain differences; and
(d) it is up to the jury to decide--
(i) whether or not any differences
in the complainant's account
are important in assessing the
complainant's credibility and
reliability; and
(ii) whether the jury believes all,
some or none of the complainant's
evidence.
(3) The trial judge may repeat a direction under
this section at any time in the trial.
(4) This section does not limit any direction that
the trial judge may give the jury in relation to
evidence given by an expert witness.".
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Part 2--Amendment of Jury Directions Act 2015
8 New Division heading inserted in Part 7
Before section 61 of the Jury Directions
Act 2015 insert the following heading--
"Division 1--Proof beyond
reasonable doubt".
9 New Divisions 2 and 3 of Part 7 inserted
After section 64 of the Jury Directions Act 2015
insert--
"Division 2--Perseverance and
majority verdicts
64A Definition
In this Division--
majority verdict direction means an
explanation that it is possible, or may
be possible in some circumstances, for
the jury to return a majority verdict
instead of a unanimous verdict.
Note
Section 46 of the Juries Act 2000 provides for majority
verdicts.
64B Restriction on when direction to persevere
may be given
The trial judge must not direct the jury to
persevere to reach a unanimous verdict at
the same time as (or immediately before or
immediately after) the trial judge gives a
majority verdict direction.
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Part 2--Amendment of Jury Directions Act 2015
64C Trial judge need not give direction to
persevere before giving majority verdict
direction
The trial judge may give a majority verdict
direction to the jury whether or not the trial
judge has previously directed the jury to
persevere to reach a unanimous verdict.
Note
R v Ahmet; DPP v Ahmet [2009] VSCA 86 includes a
statement that it is preferable for the trial judge to direct
the jury to persevere to reach a unanimous verdict before
the trial judge gives a majority verdict direction. Under this
provision, it is not necessary to do so.
64D Abolition of common law rules
Any rule of common law under which a
trial judge is required or permitted to direct
the jury to persevere to reach a unanimous
verdict at the same time as (or immediately
before or immediately after) the trial judge
gives a majority verdict direction is
abolished.
Notes
1 This provision abolishes the rule attributed to
R v Muto & Eastey [1996] 1 VR 336 and applied in
R v Ahmet; DPP v Ahmet [2009] VSCA 86.
2 Section 4 applies generally to override any rule of law
or practice to the contrary of this Act.
Division 3--Jury deliberations
64E Directions on order in which offences to
be considered
(1) This section applies to a trial in which there
is more than one offence in respect of which
the jury may return a verdict.
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Part 2--Amendment of Jury Directions Act 2015
Example
Section 421 of the Crimes Act 1958 provides that on
an indictment for murder a person found not guilty of
murder may be found guilty of other offences,
including manslaughter.
(2) The trial judge may direct the jury on the
order in which the jury must consider the
offences.
Example
In a homicide trial, the trial judge may direct the
jury to consider the offence of manslaughter only if
the jury first finds the accused not guilty of murder.
(3) Nothing in subsection (2) prevents the trial
judge from directing the jury on the order in
which the jury may consider the offences.
64F Directions on order in which elements,
defences and issues in dispute to be
considered
(1) The trial judge may direct the jury on the
order in which it must consider the following
matters--
(a) some or all of the elements of an
offence charged or an alternative
offence;
(b) defences to an offence charged or an
alternative offence;
(c) the matters in issue;
(d) an alternative basis of complicity in
the commission of an offence charged
or an alternative offence.
Note
This may take the form of an integrated direction or
factual question under section 67.
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Part 2--Amendment of Jury Directions Act 2015
(2) Nothing in subsection (1) prevents the trial
judge from directing the jury on the order in
which the jury may consider the matters
referred to in that subsection.
64G Abolition of common law rules
Any rule of common law under which a
trial judge is not permitted to direct the jury
on the order in which it must consider any of
the following matters is abolished--
(a) the offences in respect of which the
jury may return a verdict;
(b) the elements of an offence charged or
an alternative offence;
(c) defences to an offence charged or to an
alternative offence;
(d) the matters in issue;
(e) an alternative basis of complicity in the
commission of an offence charged or an
alternative offence.
Notes
1 This provision abolishes the rule attributed to
Stanton v R [2003] HCA 29; (2003) 198 ALR 41 and
followed in Medici v The Queen [2013] VSCA 111 and
Smith v The Queen [2013] VSCA 112.
2 Section 4 applies generally to override any rule of law
or practice to the contrary of this Act.".
10 Schedule 1 amended
At the end of Schedule 1 to the Jury Directions
Act 2015 insert--
"4 Jury Directions and Other Acts
Amendment Act 2017
(1) The amendments made to this Act by a
provision of the Jury Directions and Other
Acts Amendment Act 2017 apply to a trial
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Part 2--Amendment of Jury Directions Act 2015
that commences (within the meaning of
section 210 of the Criminal Procedure
Act 2009) on or after the day on which that
provision comes into operation.
(2) Section 4A as inserted by section 3 of
the Jury Directions and Other Acts
Amendment Act 2017 applies, on and after
the commencement of section 3 of that Act,
to a summary hearing, committal proceeding,
appeal, case stated or special hearing referred
to in section 4A(1) for which the specified
day is on or after that commencement.
(3) In this section--
specified day means--
(a) for a committal proceeding
under the Criminal Procedure
Act 2009, the day on which the
committal hearing commences;
and
(b) for a case stated under the
Criminal Procedure Act 2009 or
Part 5.4 of the Children, Youth
and Families Act 2005, the day
of the commencement of the
hearing from which the question
of law arises; and
(c) in any other case, the day of the
commencement of the summary
hearing, the hearing of the appeal,
or the special hearing (as the case
requires).".
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Part 3--Amendment of Criminal Procedure Act 2009
Part 3--Amendment of Criminal
Procedure Act 2009
11 Jury documents
(1) In the heading to section 223 of the Criminal
Procedure Act 2009, after "documents" insert
"relating to trial issues and evidence".
(2) In section 223(1)(ka) of the Criminal Procedure
Act 2009, after "guide" insert "specific to the
trial".
12 New section 223A inserted
After section 223 of the Criminal Procedure
Act 2009 insert--
"223A General jury guide
(1) For the purpose of helping the jury to
perform its functions and understand the
trial process, the trial judge may order, at
any time during the trial, that copies of a
general jury guide are to be given to the jury
in any form that the trial judge considers
appropriate.
(2) Despite subsection (1), if regulations
referred to in subsection (5) are made, the
trial judge must order, at the prescribed
time (if any) during the trial, that copies of
a general jury guide that complies with
those regulations be given to the jury.
(3) A general jury guide may contain any of the
following--
(a) general information about the process
of criminal trials, including information
about--
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Part 3--Amendment of Criminal Procedure Act 2009
(i) the roles of the jury, the judge and
the parties; and
(ii) the usual order of events in a trial;
(b) general information about legal
concepts that are relevant to criminal
trials, including information about--
(i) the presumption of innocence; and
(ii) the requirement of proof beyond
reasonable doubt;
(c) general information about jury
deliberations and processes, including
information about--
(i) what to do if a juror has a
question; and
(ii) appointing a foreperson; and
(iii) ways in which the jury may wish
to organise itself, discuss the
evidence and the law, and vote;
(d) any other general information.
(4) A general jury guide may include pictures
and diagrams.
(5) The regulations may prescribe--
(a) matters that are to be addressed in, or
the form and content of, a general jury
guide that must be given to the jury;
and
(b) the time at which that general jury
guide must be given to the jury.".
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Part 3--Amendment of Criminal Procedure Act 2009
13 Repeal of provisions relating to giving of evidence
(1) Sections 361, 375, 375A and 382 of the Criminal
Procedure Act 2009 are repealed.
(2) In section 387B of the Criminal Procedure
Act 2009, for "sections 378 and 382" substitute
"section 378".
14 Section 377 substituted
For section 377 of the Criminal Procedure
Act 2009 substitute--
"Note
Section 377 previously provided an exception to the
hearsay rule in relation to previous representations made
by a complainant under 18 years in certain circumstances.
This matter is now provided for in section 66 of the
Evidence Act 2008.".
15 New section 448 inserted
At the end of Chapter 10 of the Criminal
Procedure Act 2009 insert--
"448 Transitional provision--Jury Directions
and Other Acts Amendment Act 2017
(1) Division 3 of Part 5.7 as amended by
sections 11 and 12 of the Jury Directions
and Other Acts Amendment Act 2017
applies to a trial that commences on or after
the day on which those sections come into
operation.
(2) Part 8.2 as amended by sections 13 and 14
of the Jury Directions and Other Acts
Amendment Act 2017 applies to--
(a) a trial that commences on or after the
day on which those sections come into
operation; and
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Part 3--Amendment of Criminal Procedure Act 2009
(b) a summary hearing held on or after the
day on which those sections come into
operation if no evidence has been given
in that hearing before that day.".
16 Statute law revision
In section 267(6A) of the Criminal Procedure
Act 2009, for "requires,." substitute "requires.".
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Part 4--Amendment of Evidence Act 2008
Part 4--Amendment of Evidence Act 2008
17 Exception--criminal proceedings if maker available
For section 66(2) of the Evidence Act 2008
substitute--
"(2) The hearsay rule does not apply to
evidence of the representation that is given
by the person who made the representation
or a person who saw, heard or otherwise
perceived the representation being made if--
(a) the person who made the
representation has been or is to
be called to give evidence; and
(b) either--
(i) when the representation was
made, the occurrence of the
asserted fact was fresh in the
memory of the person who
made the representation; or
(ii) the person who made the
representation is a victim of an
offence to which the proceeding
relates and was under the age of
18 years when the representation
was made.
Note
Subsection (2) differs from the Commonwealth Act
and New South Wales Act.".
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Part 4--Amendment of Evidence Act 2008
18 New Part 7 of Schedule 2 inserted
At the end of Schedule 2 to the Evidence
Act 2008 insert--
"Part 7--Transitional provision for
Jury Directions and Other Acts
Amendment Act 2017
24 Application of section 66 as amended
Section 66 as amended by section 17
of the Jury Directions and Other Acts
Amendment Act 2017 applies to--
(a) a trial that commences (within the
meaning of section 210 of the
Criminal Procedure Act 2009) on
or after the day on which section 17 of
the Jury Directions and Other Acts
Amendment Act 2017 comes into
operation; and
(b) a summary hearing held on or after
the day on which section 17 of the
Jury Directions and Other Acts
Amendment Act 2017 comes into
operation if no evidence has been
given in that hearing before that day.".
25
Jury Directions and Other Acts Amendment Act 2017
No. of 2017
Part 5--Amendment of Evidence (Miscellaneous Provisions) Act 1958
Part 5--Amendment of Evidence
(Miscellaneous Provisions) Act 1958
19 Section 42V repealed
Section 42V of the Evidence (Miscellaneous
Provisions) Act 1958 is repealed.
20 New section 166 inserted
At the end of Part VIII of the Evidence
(Miscellaneous Provisions) Act 1958 insert--
"166 Transitional provision--Jury Directions
and Other Acts Amendment Act 2017
Division 4 of Part IIA as amended by
section 19 of the Jury Directions and
Other Acts Amendment Act 2017
applies to a criminal trial that commences
(within the meaning of section 210 of the
Criminal Procedure Act 2009) on or after
the day on which section 19 of the Jury
Directions and Other Acts Amendment
Act 2017 comes into operation.".
26
Jury Directions and Other Acts Amendment Act 2017
No. of 2017
Part 6--Amendment of Juries Act 2000
Part 6--Amendment of Juries Act 2000
21 Peremptory challenges in criminal trials
After section 39(2) of the Juries Act 2000
insert--
"(2A) Each person arraigned must be given a
reasonable opportunity to make each
peremptory challenge that is allowed
under subsection (1).
(2B) Without limiting subsection (2A), each
person arraigned must be given an adequate
opportunity to view the face of the potential
juror before the potential juror is seated.
(2C) Nothing in this section requires a potential
juror to walk past each person arraigned.
Note
The procedure of requiring potential jurors to walk
past each person arraigned is known as a jury
parade.".
22 Failure to reach unanimous verdict in criminal
trials
(1) In section 46(2) of the Juries Act 2000--
(a) for "at least 6 hours" substitute "a period
of time that the court thinks is reasonable,
having regard to the nature and complexity
of the trial,";
(b) for "subsections (3) and (4)" substitute
"subsection (4)".
(2) Section 46(3) of the Juries Act 2000 is repealed.
(3) In section 46(5)(c) of the Juries Act 2000, for
"a cumulative total of at least 6 hours deliberation
on both offences" substitute "deliberating for a
period of time that the court thinks is reasonable,
having regard to the nature and complexity of the
trial".
27
Jury Directions and Other Acts Amendment Act 2017
No. of 2017
Part 6--Amendment of Juries Act 2000
23 Schedule 6 amended
At the end of Schedule 6 to the Juries Act 2000
insert--
"17 Jury Directions and Other Acts
Amendment Act 2017
(1) The amendments made to section 39 by
section 21 of the Jury Directions and
Other Acts Amendment Act 2017 apply
only in relation to a criminal trial that
commences on or after the day on which
section 21 of that Act comes into operation.
(2) The amendments made to section 46 by
section 22 of the Jury Directions and
Other Acts Amendment Act 2017 apply
only in relation to a criminal trial that
commences on or after the day on which
section 22 of that Act comes into operation.".
28
Jury Directions and Other Acts Amendment Act 2017
No. of 2017
Part 7--Repeal of amending Act
Part 7--Repeal of amending Act
24 Repeal of amending Act
This Act is repealed on 1 October 2018.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═══════════════
29
Jury Directions and Other Acts Amendment Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Jury Directions Act 2015, the Criminal Procedure Act 2009, the
Evidence Act 2008, the Evidence (Miscellaneous Provisions) Act 1958
and the Juries Act 2000 and for other purposes."
By Authority. Government Printer for the State of Victoria.
30
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