Victorian Current Acts

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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.


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.

S. 44K inserted by No. 37/2017 s. 5.

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