The abolition by section 16(1) of the Jury Directions Act 2013 of the common law obligation on a trial judge to give certain directions does not limit the obligation of the trial judge under section 16(1) of this Act to give directions.
1 Section 16(1) of the Jury Directions Act 2013 abolished any rule of common law under which a trial judge in a criminal trial was required to direct the jury about—
(a) any defences and alternative offences open on the evidence but which had not been identified as such during the trial; or
(b) any alternative basis of complicity in the offence charged and any alternative offence in issue.
2 Section 16 of the Jury Directions Act 2013 abolished the rule attributed to Pemble v R  HCA 20; (1971) 124 CLR 107 and the application of Pemble in the context of complicity, for example Gilbert v R  HCA 15; 201 CLR 414 and R v Nguyen  HCA 38; (2010) 242 CLR 491.
3 By virtue of section 14(2)(c) of the Interpretation of Legislation Act 1984 the repeal of section 16 of the Jury Directions Act 2013 by this Act does not revive anything not in force or existing at the time of the repeal.
4 Section 4 applies generally to override any rule of law or
practice to the contrary of this Act.
Part 4—Evidential directions
Division 1—Post-offence conduct