Judicial warnings and directions

Question 1

Section 122, Evidence Act 2006
Warning that evidence may be unreliable

Answer 1

Judge MAY give warning to the jury, if he/she is of the opinion that any evidence given may be unreliable.

Warning for caution:
(a) whether to accept the evidence
(b) the weight to be given to the evidence

Judge MUST consider a warning:
- Hearsay
- Statement of the defendant (if only evidence)
- Evidence by a witness with misleading motive
- Evidence of a statement of the defendant made to another person while detained together (confessions)
- Evidence of defendant’s conduct alleged to have occurred 10+ years ago

Question 2

Section 123, Evidence Act 2006
Direction about how evidence may be given

Answer 2

A Judge must direct the jury that the law allows for people to give evidence in alternative ways and that no adverse inferences should be drawn against the defendant where a witness has given evidence in an alternative way

Question 3

Section 124, Evidence Act 2006
Warning about lies

Answer 3

Relates to evidence suggesting that the defendant lied before or during a criminal proceeding.

No warning needs to be given unless the Judge is of the opinion that the Jury may place undue weight on the evidence of a defendant’s lie, or if the defendant requests that the warning is given (then it MUST be given)