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JURY DIRECTIONS ACT 2015
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Application of Act
4A. Application of Act to criminal proceedings without juries
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 reliability of 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
Division 7--Previous representations
44A. Definition
44B. Direction not required regarding repetition of previous representation
44C. Direction not required regarding evidence of person who saw, heard or perceived complaint
44D. Direction not required regarding complaint made in general terms
44E. Abolition of common law rules
Division 8--Doubts regarding truthfulness or reliability of victim's evidence
44F. Prohibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence
44G. Abolition of common law rules
Division 9--Accused giving evidence, interest in outcome of trial
44H. Prohibited statements and suggestions in relation to interest in outcome of trial
44I. Direction on accused giving evidence or interest of accused in outcome of trial
44J. Prohibited directions in relation to evidence of an accused
44K. Abolition of common law rules
Division 10--Whether a prosecution witness has a motive to lie
44L. Direction on prosecution witness's motive to lie
44M. Abolition of common law rules
Division 11--Language and cognitive skills of child witness
44N. Direction on language and cognitive skills of child witness
PART 5--SEXUAL OFFENCES
Division 1AA--Early indication of likely directions under this Part
44O. Application of Division
44P. Trial judge may request indication from parties
Division 1--Consent and reasonable belief in consent (offences after 1 July 2015)
45. Application of Division
46. Direction on consent
47. Direction on reasonable belief in consent
Division 1A--Consent and reasonable belief in consent (offences before, on or after 1 July 2015)
47A. Application of Division
47B. Part 3 does not apply
47C. Trial judge must give directions on consent and reasonable belief in consent
47D. Direction on the absence of physical injury, violence or a threat
47E. Direction on responses to a non‑consensual sexual act
47F. Direction on other sexual activity
47G. Direction on personal appearance and irrelevant conduct
47H. Direction on non-consensual sexual acts occurring between all sorts of people
47I. Direction on general assumptions not informing a 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, delay and unreliability
52. Direction on delay in complaint or lack of complaint
54. Abolition of common law rules
Division 3--Differences in complainant's account
54A. Application of Division
54B. Part 3 does not apply
54C. Definition
54D. Direction on difference in complainant's account
Division 4--Continuation of relationship or communication after sexual offence
54E. Application of Division
54F. Part 3 does not apply
54G. Definition
54H. Direction on evidence of post-offence relationship
Division 5--Whether complainant is distressed or emotional while giving evidence
54I. Application of Division
54J. Part 3 does not apply
54K. Direction on whether complainant is distressed or emotional while giving evidence
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
Division 1--Proof beyond reasonable doubt
61. What must be proved beyond reasonable doubt
62. Abolition of common law obligation to give certain directions
63. Trial judge must explain "proof beyond reasonable doubt"
64. How explanation may be given
Division 2--Perseverance and majority verdicts
64A. Definition
64B. Restriction on when direction to persevere may be given
64C. Trial judge need not give direction to persevere before giving majority verdict direction
64D. Abolition of common law rules
Division 3--Jury deliberations
64E. Directions on order in which offences to be considered
64F. Directions on order in which elements, defences and issues in dispute to be considered
64G. Abolition of common law rules
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
SCHEDULE 1
ENDNOTES
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