Victorian Numbered Acts

JURY DIRECTIONS ACT 2015 (NO. 14 OF 2015)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Application of Act  

   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

           Division 1--Post-offence conduct

   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  

           Division 2--Other misconduct evidence

   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  

           Division 3--Unreliable evidence

   31.     Definition  
   32.     Direction on unreliable evidence  
   33.     Prohibited statements and suggestions in relation to children's evidence  
   34.     Abolition of common law rules  

           Division 4--Identification evidence

   35.     Definition  
   36.     Direction on identification evidence  
   37.     Abolition of common law rules  

           Division 5--Delay and forensic disadvantage

   38.     Definition  
   39.     Direction on significant forensic disadvantage  
   40.     Abolition of common law rules  

           Division 6--Failure to give evidence or call witness

   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  

   PART 5--SEXUAL OFFENCES

           Division 1--Consent and reasonable belief in consent

   45.     Application of Division  
   46.     Direction on consent  
   47.     Direction on reasonable belief in consent  

           Division 2--Delay and credibility

   48.     Application of Division  
   49.     Part 3 does not apply  
   50.     Definitions  
   51.     Prohibited statements and suggestions in relation to complainants  
   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  

   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  

   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  

   PART 10--CONSEQUENTIAL AND OTHER AMENDMENTS

           Division 1--Consequential amendments

   69.     Consequential amendments  

           Division 2--Amendment of Evidence Act 2008

   70.     Comment on failure to give evidence  
   71.     Tendency and coincidence  
   72.     Exclusion of evidence of identification by pictures  

           Division 4--of Part 4 of the Jury Directions Act 2015 also deals with warnings about identification evidence.".

   73.     Directions to jury  
   74.     Corroboration requirements  
   75.     Unreliable evidence  
   76.     Warnings in relation to children's evidence  
   77.     Delay in prosecution  
   78.     New Part 6 of Schedule 2 inserted  

           Division 3--Amendment of Crimes Act 1958

   79.     Jury warnings  

           Division 4--Minor amendment of Criminal Procedure Act 2009

   80.     Time limits on prosecuting certain former sexual offences removed  

           Division 5--Repeal of amending Part

   81.     Repeal of Part  
           SCHEDULE 1
           ENDNOTES