Victorian Current Acts

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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

   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  
   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  
   31.     Definition  
   32.     Direction on unreliable evidence  
   33.     Prohibited statements and suggestions in relation to children's evidence  
   34.     Abolition of common law rules  
   35.     Definition  
   36.     Direction on identification evidence  
   37.     Abolition of common law rules  
   38.     Definition  
   39.     Direction on significant forensic disadvantage  
   40.     Abolition of common law rules  
   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  
   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  
   44F.    Prohibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence  
   44G.    Abolition of common law rules  
   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  
   44L.    Direction on prosecution witness's motive to lie  
   44M.    Abolition of common law rules  

   PART 5--SEXUAL OFFENCES

   45.     Application of Division  
   46.     Direction on consent  
   47.     Direction on reasonable belief in consent  
   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  
   53.     Additional direction on delay in complaint or lack of complaint  
   54.     Abolition of common law rules  
   54A.    Application of Division  
   54B.    Part 3 does not apply  
   54C.    Definitions  
   54D.    Direction on difference in complainant's account  

   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  
   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  
   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  
           SCHEDULE 1
           ENDNOTES


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