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PARLIAMENT OF VICTORIA
Jury Directions Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Application of Act 3
PART 2--GENERAL 4
5 Guiding principles 4
6 Particular form of words not required for direction 5
7 Power to extend or abridge time 5
PART 3--REQUEST FOR DIRECTIONS 7
8 Purposes of Part 7
9 Application of Part 7
10 Defence counsel must inform trial judge of matters in issue 7
11 Legal practitioners must request that particular directions be
given or not given 8
12 Unrepresented accused 8
13 Trial judge need not give direction that relates to matter not
in issue or not requested 9
14 Trial judge must give requested directions 9
15 When trial judge must give direction regardless of parties'
views 9
16 Abolition of common law obligation to give certain directions 10
PART 4--TRIAL JUDGE'S SUMMING UP 12
17 Trial judge's obligations when summing up 12
18 Trial judge required to identify only evidence necessary for
determination of issues 12
19 Trial judge may give integrated directions 13
571140B.I-11/12/2012 i BILL LA INTRODUCTION 11/12/2012
Clause Page
PART 5--PROOF BEYOND REASONABLE DOUBT 15
20 When trial judge may explain "proof beyond reasonable
doubt" 15
21 How explanation may be given in response to jury question 15
PART 6--POST-OFFENCE CONDUCT 17
22 Definitions 17
23 Prosecution notice of evidence to be relied on as evidence of
incriminating conduct 17
24 Evidence of incriminating conduct 18
25 Mandatory direction on use of evidence of incriminating
conduct 18
26 Additional direction on incriminating conduct 19
27 Direction to avoid risk of improper use of evidence 20
28 Abolition of common law rules 20
PART 7--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS 22
29 Criminal Procedure Act 2009--Jury documents 22
30 Criminal Procedure Act 2009--Judge's directions to the jury 23
31 Criminal Procedure Act 2009--Rules of court 23
32 Criminal Procedure Act 2009--New section 443 inserted 23
443 Transitional provision--Jury Directions Act 2012 23
33 Juries Act 2000--statute law revision 23
34 Transitional provisions 23
__________________
SCHEDULE--Transitional Provisions 24
1 Jury Directions Act 2012 24
ENDNOTES 25
571140B.I-11/12/2012 ii BILL LA INTRODUCTION 11/12/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Jury Directions Bill 2012
A Bill for an Act to simplify and clarify the law on jury directions in
criminal trials and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to reduce the complexity of jury directions in
5 criminal trials; and
(b) to simplify and clarify the issues that juries
must determine in criminal trials; and
(c) to simplify and clarify the duties of the trial
judge in giving jury directions in criminal
10 trials; and
571140B.I-11/12/2012 1 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 1--Preliminary
s. 2
(d) to clarify that it is one of the duties of legal
practitioners appearing in criminal trials to
assist the trial judge in deciding which jury
directions should be given; and
5 (e) to assist the trial judge to give jury directions
in a manner that is as clear, brief, simple and
comprehensible as possible; and
(f) to permit the trial judge to answer questions
from the jury about the meaning of the
10 phrase "proof beyond reasonable doubt"; and
(g) to provide for simplified jury directions in
relation to post-offence conduct.
2 Commencement
(1) Subject to subsection (2), this Act comes into
15 operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 July 2013, it comes into operation on that day.
3 Definitions
In this Act--
20 accused has the same meaning as in the Criminal
Procedure Act 2009;
alternative offence means an offence in respect of
which the jury may, in accordance with any
Act or any other law, find the accused guilty
25 if the jury is not satisfied that the accused is
guilty of an offence charged;
defence includes an exception, exemption,
proviso, excuse or qualification to an
offence, whether or not it accompanies any
30 description of the offence in an enactment;
defence counsel means a legal practitioner
representing an accused;
direction includes an explanation under Part 5;
571140B.I-11/12/2012 2 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 1--Preliminary
s. 4
general directions means directions concerning
matters relating to the conduct of trials
generally, including--
(a) the roles of the trial judge, the jury and
5 counsel; and
(b) the empanelment of a jury and the
selection of a foreperson; and
(c) trial procedure; and
(d) the need to decide issues on the basis of
10 admissible evidence only; and
(e) the need to decide each charge
separately according to the evidence
relating to that charge; and
(f) the assessment of witnesses; and
15 (g) the presumption of innocence and the
burden and standard of proof; and
(h) the drawing of conclusions and the
distinction between direct and
circumstantial evidence; and
20 (i) jury deliberations and verdicts;
legal practitioner has the same meaning as in the
Criminal Procedure Act 2009;
requested direction means a direction that the trial
judge is requested to give to the jury under
25 section 11;
trial judge has the same meaning as in the
Criminal Procedure Act 2009.
4 Application of Act
This Act applies despite any rule of law or
30 practice to the contrary.
__________________
571140B.I-11/12/2012 3 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 2--General
s. 5
PART 2--GENERAL
5 Guiding principles
(1) The Parliament recognises that--
(a) the role of the jury in a criminal trial is to
5 determine the issues that are in dispute
between the prosecution and the accused;
and
(b) in recent decades, the law of jury directions
in criminal trials has become increasingly
10 complex; and
(c) this development--
(i) has made jury directions increasingly
complex, technical and lengthy; and
(ii) has made it increasingly difficult for
15 trial judges to comply with the law of
jury directions and avoid errors of law;
and
(iii) has made it increasingly difficult for
jurors to understand and apply jury
20 directions; and
(d) research indicates that jurors find complex,
technical and lengthy jury directions difficult
to follow.
(2) The Parliament further recognises that it is the
25 responsibility of the trial judge to determine--
(a) the matters in issue in the trial; and
(b) the directions that the trial judge should give
to the jury; and
(c) the content of those directions.
30 (3) The Parliament further recognises that it is one of
the duties of legal practitioners appearing in a
criminal trial to assist the trial judge in his or her
571140B.I-11/12/2012 4 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 2--General
s. 6
determination of the matters referred to in
subsection (2).
(4) It is the intention of the Parliament that a trial
judge, in giving directions to a jury in a criminal
5 trial, should--
(a) give directions on only so much of the law as
the jury needs to know to determine the
issues in the trial; and
(b) avoid using technical legal language
10 wherever possible; and
(c) be as clear, brief, simple and comprehensible
as possible.
(5) It is the intention of the Parliament that this Act is
to be applied and interpreted having regard to the
15 matters set out in this section (to be known as the
guiding principles).
6 Particular form of words not required for direction
In giving a direction to the jury, the trial judge
need not use any particular form of words.
20 7 Power to extend or abridge time
(1) The court, by order, may extend or abridge any
time fixed--
(a) by or under this Act; or
(b) by any order extending or abridging time
25 made under this section--
if the court considers that it is in the interests of
justice to do so.
(2) It is not necessary that an order be made under
subsection (1) if a ruling made, or direction given,
30 by the court provides for the extension or
abridgement of time.
(3) The court may extend time under subsection (1)
before or after the time expires.
571140B.I-11/12/2012 5 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 2--General
s. 7
(4) More than one extension of time may be granted
under subsection (1).
(5) Unless the court otherwise orders, no material in
support of an order under subsection (1) need be
5 filed.
__________________
571140B.I-11/12/2012 6 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 3--Request for Directions
s. 8
PART 3--REQUEST FOR DIRECTIONS
8 Purposes of Part
The purposes of this Part are--
(a) to assist the trial judge to discharge his or her
5 duty to determine--
(i) the matters in issue in the trial; and
(ii) the directions that he or she should give
to the jury; and
(iii) the content of those directions; and
10 (b) to ensure that legal practitioners appearing in
a criminal trial discharge their duty to assist
the trial judge in his or her determination of
the matters referred to in paragraph (a); and
(c) to provide for the directions that the trial
15 judge should give to the jury if the accused is
not represented by a legal practitioner.
9 Application of Part
This Part does not apply to--
(a) general directions; or
20 (b) a direction that the trial judge is required to
give, or not to give, to the jury under any
provision of this or any other Act.
10 Defence counsel must inform trial judge of matters
in issue
25 After the close of all evidence and before the
closing address of the prosecution, defence
counsel must inform the trial judge whether the
following matters are or are not in issue--
(a) each element of the offence charged;
30 (b) any defence;
571140B.I-11/12/2012 7 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 3--Request for Directions
s. 11
(c) any alternative offence, including an element
of any alternative offence;
(d) any alternative basis of complicity in the
offence charged and any alternative offence.
5 11 Legal practitioners must request that particular
directions be given or not given
After the matters in issue have been identified in
accordance with section 10, the prosecution and
defence counsel must each request that the trial
10 judge give, or not give, to the jury particular
directions in respect of--
(a) the matters in issue; and
(b) the evidence in the trial relevant to the
matters in issue.
15 12 Unrepresented accused
(1) Subject to subsection (2), if the accused is not
represented by a legal practitioner, the trial judge
must comply with this Part as if the accused had
informed the trial judge that all matters referred to
20 in section 10 were in issue and had requested
every direction that it was open to the accused to
request under section 11, had the accused been
represented by a legal practitioner.
(2) The trial judge need not give the jury a direction if
25 the trial judge considers that--
(a) there are good reasons for not giving the
direction; or
(b) it is otherwise not in the interests of justice to
give the direction.
30 Note
Section 14 sets out the matters the trial judge must have
regard to in determining whether there are good reasons for
not giving a direction.
571140B.I-11/12/2012 8 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 3--Request for Directions
s. 13
13 Trial judge need not give direction that relates to
matter not in issue or not requested
The trial judge need not give the jury a direction
that--
5 (a) relates to a matter that defence counsel has
indicated under section 10 is not in issue; or
(b) has not been requested under section 11.
14 Trial judge must give requested directions
(1) The trial judge must give the jury a requested
10 direction unless there are good reasons for not
doing so.
(2) In determining whether there are good reasons for
not giving a requested direction to the jury, the
trial judge must have regard to--
15 (a) the evidence in the trial; and
(b) the manner in which the prosecution and the
accused have conducted their cases,
including--
(i) whether the direction concerns a matter
20 not raised or relied on by the accused;
and
(ii) whether the direction would involve the
jury considering the issues in the trial in
a manner that is different from the way
25 in which the accused has presented his
or her case.
15 When trial judge must give direction regardless of
parties' views
(1) Despite sections 13 and 14, the trial judge must
30 give the jury any direction that is necessary to
avoid a substantial miscarriage of justice even
though--
571140B.I-11/12/2012 9 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 3--Request for Directions
s. 16
(a) the direction relates to a matter that defence
counsel--
(i) has indicated under section 10 is not in
issue; or
5 (ii) has omitted to indicate under section 10
is in issue; and
(b) the prosecution or defence counsel--
(i) has requested under section 11 that the
trial judge not give the direction; or
10 (ii) has omitted to request under section 11
that the trial judge give the direction.
(2) Before giving a direction under this section, the
trial judge must--
(a) inform the prosecution and defence counsel
15 (or, if the accused is unrepresented, the
accused) that the trial judge intends to give
the direction; and
(b) invite submissions from the prosecution and
defence counsel (or the accused, as the case
20 may be) about the direction and whether the
direction is necessary to avoid a substantial
miscarriage of justice.
Note
Under section 276 of the Criminal Procedure Act 2009, a
25 substantial miscarriage of justice can be the reason for a successful
appeal against conviction.
16 Abolition of common law obligation to give certain
directions
(1) Any rule of common law under which a trial judge
30 in a criminal trial is required to direct the jury
about--
(a) any defences and alternative offences open
on the evidence but which have not been
identified as such during the trial; or
571140B.I-11/12/2012 10 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 3--Request for Directions
s. 16
(b) any alternative basis of complicity in the
offence charged and any alternative offence
in issue--
is abolished.
5 (2) Nothing in subsection (1) limits the obligation of
the trial judge under section 15(1) to give
directions.
Notes
1 This provision abolishes the rule attributed to Pemble v R
10 [1971] HCA 20; (1971) 124 CLR 107 and the application of
Pemble in the context of complicity, for example Gilbert v R
[2000] HCA 15; 201 CLR 414 and R v Nguyen [2010] HCA
38; (2010) 242 CLR 491.
2 Section 4 applies generally to override any rule of law or
15 practice to the contrary of this Act.
__________________
571140B.I-11/12/2012 11 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 4--Trial Judge's Summing Up
s. 17
PART 4--TRIAL JUDGE'S SUMMING UP
17 Trial judge's obligations when summing up
In his or her summing up to the jury, the trial
judge--
5 (a) must explain only so much of the law as is
necessary for the jury to determine the issues
in the trial; and
(b) must refer the jury to the way in which the
prosecution and the accused have put their
10 cases in relation to the issues in the trial but
need not summarise the closing addresses of
the prosecution and the accused; and
(c) need not give a summary of the evidence but,
in accordance with section 18, must identify
15 so much of the evidence as the trial judge
considers necessary to assist the jury to
determine the issues in the trial; and
(d) may use a combination of oral and written
components.
20 18 Trial judge required to identify only evidence
necessary for determination of issues
(1) The trial judge is required to identify only so
much of the evidence given in the trial as the trial
judge considers necessary to assist the jury to
25 determine the issues in the trial.
(2) In determining whether and if so to what extent
identification of evidence is necessary under
subsection (1), the trial judge must have regard
to--
30 (a) the facts in issue; and
(b) the complexity of the facts in issue; and
(c) the length of the trial; and
(d) the complexity of the evidence; and
571140B.I-11/12/2012 12 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 4--Trial Judge's Summing Up
s. 19
(e) the submissions and addresses of the
prosecution and the accused; and
(f) any reference to the way in which the
prosecution and the accused have put their
5 cases in relation to the issues in the trial; and
Note
See section 17(b).
(g) any special needs or disadvantages of the
jury in understanding or recalling the
10 evidence; and
(h) any transcript of the evidence in the trial or
any other document provided to assist the
jury to understand the evidence.
Note
15 Section 223 of the Criminal Procedure Act 2009 provides
for the trial judge to give the transcript of the evidence in the
trial and certain other documents to the jury for the purpose
of helping the jury to understand the issues or the evidence.
(3) In addition to the requirements of subsection (2),
20 the trial judge may have regard to any other matter
that he or she considers appropriate.
19 Trial judge may give integrated directions
(1) In this section--
integrated directions means directions referred to
25 in subsection (3).
(2) The trial judge may give to the jury directions that
contain, or are in the form of, factual questions
that address matters that the jury must consider or
be satisfied of in order to reach a verdict,
30 including the elements of the offence and any
relevant defences.
(3) The trial judge may give integrated directions that
combine the factual questions referred to in
subsection (2) with--
571140B.I-11/12/2012 13 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 4--Trial Judge's Summing Up
s. 19
(a) directions on the evidence and how the
evidence is to be assessed; or
(b) references to the way in which the
prosecution and the accused have put their
5 cases in relation to the issues in the trial; or
(c) any evidence identified under section 18.
(4) A trial judge who addresses a matter--
(a) by a factual question need not also address
the matter in any other direction; or
10 (b) in integrated directions need not also address
the matter in directions that are not
integrated directions.
__________________
571140B.I-11/12/2012 14 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 5--Proof Beyond Reasonable Doubt
s. 20
PART 5--PROOF BEYOND REASONABLE DOUBT
20 When trial judge may explain "proof beyond
reasonable doubt"
(1) A trial judge may give the jury an explanation of
5 the phrase "proof beyond reasonable doubt" if the
jury asks the trial judge--
(a) a direct question about the meaning of the
phrase; or
(b) a question that indirectly raises the meaning
10 of the phrase.
(2) Subsection (1) does not limit any other power of a
trial judge to give the jury an explanation of the
phrase "proof beyond reasonable doubt".
21 How explanation may be given in response to jury
15 question
(1) If the jury has asked a direct question about the
meaning of the phrase, or a question that
indirectly raises the meaning of the phrase, "proof
beyond reasonable doubt", the trial judge may--
20 (a) refer to--
(i) the presumption of innocence; and
(ii) the prosecution's obligation to prove
that the accused is guilty; or
(b) indicate that it is not enough for the
25 prosecution to persuade the jury that the
accused is probably guilty or very likely to
be guilty; or
(c) indicate that--
(i) it is almost impossible to prove
30 anything with absolute certainty when
reconstructing past events; and
(ii) the prosecution does not have to do so;
or
571140B.I-11/12/2012 15 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 5--Proof Beyond Reasonable Doubt
s. 21
(d) indicate that the jury cannot be satisfied that
the accused is guilty if the jury has a
reasonable doubt about whether the accused
is guilty; or
5 (e) indicate that a reasonable doubt is not an
imaginary or fanciful doubt or an unrealistic
possibility.
(2) The trial judge may adapt his or her explanation of
the phrase "proof beyond reasonable doubt" in
10 order to respond to the particular question asked
by the jury.
Note
In addition, section 6 provides that the trial judge need not
use any particular form of words in giving a direction to the
15 jury.
__________________
571140B.I-11/12/2012 16 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 6--Post-offence Conduct
s. 22
PART 6--POST-OFFENCE CONDUCT
22 Definitions
In this Part--
conduct means the telling of a lie by the accused,
5 or any other act or omission of the accused,
which occurs after the event or events
alleged to constitute an offence charged;
incriminating conduct means conduct that
amounts to an implied admission by the
10 accused--
(a) of having committed an offence
charged or an element of an offence
charged; or
(b) which negates a defence to an offence
15 charged;
offence charged includes any alternative offence.
23 Prosecution notice of evidence to be relied on as
evidence of incriminating conduct
(1) The prosecution must give notice of evidence of
20 conduct that it proposes to rely on as evidence of
incriminating conduct by serving on the accused
and filing in court at least 28 days before the day
on which the trial of the accused is listed to
commence--
25 (a) a notice of intention to rely on evidence of
incriminating conduct, in the form required
by rules of court, if any; and
(b) a copy of the evidence on which the
prosecution intends to rely.
571140B.I-11/12/2012 17 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 6--Post-offence Conduct
s. 24
(2) A notice under subsection (1) must be served in
accordance with Part 8.3 of Chapter 8 of the
Criminal Procedure Act 2009.
Note
5 See section 7 for extension or abridgment of time.
24 Evidence of incriminating conduct
(1) The prosecution must not rely on evidence of
conduct as evidence of incriminating conduct
unless--
10 (a) the prosecution has given notice in
accordance with section 23; and
(b) the trial judge determines that, on the basis
of the evidence as a whole, the evidence of
conduct is reasonably capable of being
15 viewed by the jury as evidence of
incriminating conduct.
Note
A trial judge may make a determination under
paragraph (b) even where the evidence of conduct
20 relates only to an alternative offence.
(2) Subsection (1) applies even if the evidence of
conduct may be admissible for another purpose.
25 Mandatory direction on use of evidence of
incriminating conduct
25 (1) If the prosecution relies on evidence of conduct as
evidence of incriminating conduct, the trial judge
must direct the jury that--
(a) the jury may treat the evidence as evidence
that the accused believed that he or she had
30 committed the offence charged or an element
of the offence charged, or that he or she had
negated a defence to the offence charged,
only if it concludes that--
571140B.I-11/12/2012 18 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 6--Post-offence Conduct
s. 26
(i) the conduct occurred; and
(ii) the only reasonable explanation of the
conduct is that the accused held that
belief; and
5 (b) even if the jury concludes that the accused
believed that he or she had committed the
offence charged, it must still decide, on the
basis of the evidence as a whole, whether the
prosecution has proved the guilt of the
10 accused beyond reasonable doubt.
(2) In giving a direction under this section, a trial
judge need not refer to each act or omission of the
accused.
Note
15 Section 6 provides that a trial judge need not use any particular
form of words in giving a direction to the jury. For example, in
relation to the direction referred to in subsection (1)(a)(ii), if the
evidence concerns an element of an offence, the trial judge could
refer to "knew" rather than "believed" to better describe what the
20 incriminating conduct, if accepted, may prove.
26 Additional direction on incriminating conduct
If the trial judge gives, or proposes to give, a
direction under section 25, defence counsel may
request under section 11 that the trial judge also
25 direct the jury that--
(a) there are all sorts of reasons why a person
might behave in a way that makes the person
look guilty; and
(b) the accused may have engaged in the
30 conduct even though the accused is not
guilty of the offence charged; and
571140B.I-11/12/2012 19 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 6--Post-offence Conduct
s. 27
(c) even if the jury thinks that the conduct
makes the accused look guilty, that does not
necessarily mean that the accused is guilty.
Note
5 Section 14 requires the trial judge to give this direction, if
requested, unless there are good reasons for not doing so.
Section 15 requires the trial judge to give a direction that is
necessary to avoid a substantial miscarriage of justice.
27 Direction to avoid risk of improper use of evidence
10 (1) If evidence is given of conduct but the prosecution
does not rely on the evidence as evidence of
incriminating conduct, defence counsel may
request under section 11 that the trial judge--
(a) direct the jury that there are all sorts of
15 reasons why a person might behave in a way
that makes the person look guilty; and
(b) warn the jury that even if the jury thinks that
the accused engaged in the conduct, it must
not conclude from that evidence that the
20 accused is guilty of the offence charged.
Note
Section 14 requires the trial judge to give this direction, if
requested, unless there are good reasons for not doing so.
Section 15 requires the trial judge to give a direction that is
25 necessary to avoid a substantial miscarriage of justice.
(2) Without limiting section 14, it is a good reason for
not giving the requested direction if the trial judge
considers that there is no substantial risk that the
jury might use the evidence as evidence of
30 incriminating conduct.
28 Abolition of common law rules
(1) Except as provided by this Part, a trial judge is not
required to give the jury a direction regarding
evidence because it is evidence of incriminating
35 conduct or may be improperly used as evidence of
incriminating conduct.
571140B.I-11/12/2012 20 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 6--Post-offence Conduct
s. 28
(2) In considering whether evidence of incriminating
conduct establishes, or assists in establishing,
guilt, a jury is not required--
(a) to reason from an indispensable intermediate
5 fact where that fact is proved, wholly or
partly, by evidence of incriminating conduct;
or
(b) to be satisfied beyond reasonable doubt of
the incriminating conduct because it proves,
10 or assists in proving, an indispensable
intermediate fact; or
(c) to reason from the incriminating conduct to
an indispensable intermediate fact.
(3) Any rule of common law to the contrary of this
15 section is abolished.
Notes
1 This provision addresses rules based on Edwards v R [1993]
HCA 63; (1993) 178 CLR 193 and Zoneff v R [2000] HCA
28; (2000) 200 CLR 234 and the application of Shepherd v R
20 [1990] HCA 56; (1990) 170 CLR 573 to post-offence
conduct.
2 Section 4 applies generally to override any rule of law or
practice to the contrary of this Act.
__________________
571140B.I-11/12/2012 21 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 7--Consequential Amendments and Transitional Provisions
s. 29
PART 7--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS
29 Criminal Procedure Act 2009--Jury documents
(1) After section 223(1)(h) of the Criminal
5 Procedure Act 2009 insert--
"(ha) the transcript of the evidence in the trial;".
(2) After section 223(1)(k) of the Criminal
Procedure Act 2009 insert--
"(ka) a jury guide;".
10 (3) After section 223(1) of the Criminal Procedure
Act 2009 insert--
"(1A) A jury guide referred to in subsection (1)(ka)
may contain any of the following--
(a) a list of questions to assist the jury in
15 reaching a verdict (including questions
that are included in integrated
directions within the meaning of
section 19 of the Jury Directions Act
2012);
20 (b) directions on the evidence and how the
evidence is to be assessed;
(c) references to the way in which the
prosecution and the accused have put
their cases in relation to the issues in
25 the trial;
(d) any evidence identified under section
18 of the Jury Directions Act 2012;
(e) any other information.".
571140B.I-11/12/2012 22 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 7--Consequential Amendments and Transitional Provisions
s. 30
30 Criminal Procedure Act 2009--Judge's directions to
the jury
At the foot of section 238 of the Criminal
Procedure Act 2009 insert--
5 "Note
See the Jury Directions Act 2012.".
31 Criminal Procedure Act 2009--Rules of court
In section 419(1) of the Criminal Procedure Act
2009, after "under" (where secondly occurring)
10 insert "the Jury Directions Act 2012 or".
32 Criminal Procedure Act 2009--New section 443
inserted
After section 442 of the Criminal Procedure Act
2009 insert--
15 "443 Transitional provision--Jury Directions
Act 2012
Section 223 as amended by the Jury
Directions Act 2012 applies to a trial that
commences on or after the day on which that
20 Act comes into operation.".
33 Juries Act 2000--statute law revision
In Schedule 2 to the Juries Act 2000, in
clause 1(le), for '2011;".' substitute "2011;".
34 Transitional provisions
25 The Schedule has effect.
__________________
571140B.I-11/12/2012 23 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Part 7--Consequential Amendments and Transitional Provisions
Sch.
SCHEDULE
TRANSITIONAL PROVISIONS
1 Jury Directions Act 2012
This Act applies to a trial that commences (within
5 the meaning of section 210 of the Criminal
Procedure Act 2009) on or after the day on which
this Act comes into operation.
571140B.I-11/12/2012 24 BILL LA INTRODUCTION 11/12/2012
Jury Directions Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571140B.I-11/12/2012 25 BILL LA INTRODUCTION 11/12/2012
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