Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JURY DIRECTIONS ACT 2015 - SECT 3

Definitions

In this Act—

"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 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 description of the offence in an enactment;

"defence counsel" means a legal practitioner representing an accused;

"direction" includes an explanation under section 63 or 64;

"general directions" means directions concerning matters relating to the conduct of trials generally, including—

        (a)     the roles of the trial judge, the jury and 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 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

        (g)     the presumption of innocence and the burden and standard of proof, including what must be proved beyond reasonable doubt; and

        (h)     the drawing of conclusions and the distinction between direct and circumstantial evidence; and

              (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 section 12;

"trial judge" has the same meaning as in the Criminal Procedure Act 2009 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback