Part 1 and 2 - Preliminary; General Flashcards
S1 Purposes
Purposes of this Act are:
(a) to reduce jury direction complexity in criminal trials;
(b) simplify/clarify the issues for jury determination in criminal trials
(c) simplify/clarify the duties of the trial judge in giving jury directions in criminal trials
(d) clarify that it’s one of the duties of LPs appearing in criminal trials to assist trial judge in deciding which jury directions should be given
(e) to assist trial judge to give jury directions that are as clear/brief/simple/comprehensible as possible
(f) provide for simplified jury directions re: specific issues
(g) re-enact the Jury Directions Act 2013 with amendments
(h) amend Evidence Act 2008 in relation to corroboration directions
(i) make consequential and other amendments
S2 Commencmnt
(4) Essentially no later than 29 June 2015
S3 definitions
Accused has same meaning as in Crim Proc Act 2009 (Vic)
Alternative offence means an offence in respect of which the jury may, in accordance with any Act or any other law, find the accused G if the jury is not satisfied that the accused is G of offence charged
Defence includes an exception, exemption, proviso, excuse or qualification to an offence, whether or not it accompanies any
description of the offence in an enactment
Defence counsel means LP repping the A
Direction includes explanation under ss 63 and 64
General directions means directions concerning matters relating to the conduct of trials generally, including
(a) roles of TJ, jury, counsel (b) empanelment of jury and selecting foreperson (c) trial procedure (d) the need to decide issues only on admissible evidence (e) need to decide each charge separately according to the evidence relating to that charge (f) assessment of witnesses (g) presumption of innocence and burden/std of proof, including what must be proved BRD (h) drawing of conclusions and distinction between direct/circumstantial evidence
(i) jury deliberations and verdicts
LP has same meaning as under CPA 2009 (Vic)
Requested direction means direction TJ is requested to give to jury under s 12
TJ same meaning as under CPA 2009 (Vic)
S4 App. of Act
Applies despite any rule of law/practice to the contrary.
S4A Application of Act to criminal proceedings without juries
(1) this section applies to (a) summary hearing/committal proceeding under CPA 2009 (Vic), (b) appeal or case stated under the CPA 2009 (Vic) (c) appeal or case stated under Pt 5.4 of the Child/Youth/Family Act (d)-(e) Special hearing/appeal under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
(2) Court reasoning with respect to any matter in relation to which Parts 4-7 makes provisions (a) must be consistent with how a jury would be directed in accordance with this Act; and (b) must not accept, rely on or adopt (i) statement or suggestion that this Act prohibits a TJ from making (ii) direction this Act prohibits TJ from giving
S5 Guiding Principles
(1) The Parliament recognises that
(a) jury role in crim trial is to determine issues in dispute b/w prosecution and accused (b) recently, law of JDs in criminal trials has become increasingly complex (c) development (i) has made JDs complex,long,technical (ii) increasingly difficult for TJ to comply with the law of JDs and avoid errors of law (iii) increasingly difficult for jurors to understand/apply JDs (d) research indicates jurors find complex technical and lengthy jury directions difficult to follow
(2) Parliament further recognises that it is the responsibility of TJ to determine (a) the matters in issue in the trial (b) directions the TJ should give to the jury’ and (c) content of those directions
(3) Parliament further recognises that LP have duties to assist TJ in determination of (2) matters above
(4) It is the intention of Parliament that TJ, in giving JD, should (a) give directions on law on need-to-know basis (b) avoid technical legal language wherever possible (c) be as clear, brief, simple, comprehensible as possible (5) It’s intention of Parliament that Act is to be applied/interpreted having regard to matters set out in this section (the guiding principles)
S6 Particular form of words not required for JD
In giving a direction to the jury, the trial judge need not use any particular form of words.
S7 Correction of statements or suggestions that are contrary to Act
(1) TJ must (a) correct statement/suggestion by P or D counsel (or A if self-rep) that is prohibited by this Act; and (b) correct a statement or suggestion prohibited by this Act that is in question from the jury
(2) TJ need not correct if there are good reasons not to (eg, A good reason may be that counsel has already corrected a prohibited statement or suggestion at the invitation of the trial judge).
