Victorian Current Acts

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


Request for direction on family violence

    (1)     Defence counsel (or, if the accused is unrepresented, the accused) may request at any time that the trial judge direct the jury on family violence in accordance with section 59 and all or specified parts of section 60.

    (2)     The trial judge must give the jury a requested direction on family violence, including all or specified parts of section 60 if so requested, unless there are good reasons for not doing so.

    (3)     If the accused is unrepresented and does not request a direction on family violence, the trial judge may give the direction in accordance with this Part if the trial judge considers that it is in the interests of justice to do so.

    (4)     The trial judge—

        (a)     must give the direction as soon as practicable after the request is made; and

        (b)     may give the direction before any evidence is adduced in the trial.

    (5)     The trial judge may repeat a direction under this Part at any time in the trial.

S. 58(6) amended by No. 42/2018 s. 33.

    (6)     This Part does not limit what the trial judge may include in any other direction to the jury in relation to evidence given by an expert witness.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback