Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 39D

39D .         Request for direction on family violence — general provision

        (1)         In criminal proceedings in which family violence is an issue, prosecution or 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 all or specified parts of section 39F.

        (2)         The trial judge must give the jury a requested direction on family violence, including all or specified parts of section 39F if so requested, unless there are good reasons for not doing so.

        (3)         If a direction on family violence is not requested, the trial judge may give the direction 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 at any time in the trial.

        (6)         This section, and section 39F, do not limit what the trial judge may include in any other direction to the jury, including in relation to evidence given by an expert witness.

        [Section 39D inserted: No. 30 of 2020 s. 94.]