Part 3 – Request for directions Flashcards
S9 Purposes of Part
The purposes of this Part are (a) to assist the TJ to discharge his/her duty to determine (i) matters in issue in the trial
(ii) jury directions he/she should give (iii) their content
(b) ensure that LP appearing in crim trial discharge their duty to assist TJ in his/her determination of matters referred to in para (a)
(c) provide for directions that TJ should give to jury if A is self-rep
S10 Application of Part
(1) doesn’t apply to (a) general directions (b) direction TJ is required to give/not give to jury under any provision of this/other Act
(2) Part does not preclude giving of JD consistent with this Act that the TJ considers necessary at any time before close of all evidence
(3) TJ must have regard to submissions of P and D counsel, if any, when determining whether particular JD is necessary per (2)
S11 Counsel to assist in identification of matters in issue
After close of all evidence and before closing address of P (a) P must inform the TJ whether it considers that the following matters are open on evidence and if so whether it relies on them (i) any alternative offence or element (ii) alternative basis of complicity in the commission of the offence charged or any alternative offence
(b) D counsel must then inform the TJ whether he or she considers that the following matters are or are not in issue— (i) each element of the offence charged (ii) any defence (iii) any alternative offence or element (iv) alternative basis of complicity in commission of offence charged or any alternative offence
S12 LPs must request that particular
directions be given or not given
After matters in issue have been identified in accordance with s 11, the P and D counsel must each request that the TJ give, or not give, to the jury particular JD in respect of—
(a) the matters in issue, AND
(b) the evidence in the trial relevant to the matters in issue
S14 Trial judge must give requested directions
(1) TJ must give the jury a requested JD unless there are good reasons for not doing so (2) in determining whether there are good reasons for not giving, TJ must have regard to
(a) the evidence in the trial (b) manner in which P and A have conducted cases, including (i) whether JD concerns matter not raised/relied on by A, AND (ii) whether JD would involve jury considering issues in trial in manner different to how A presented his or her case
S15 TJ mustn’t give direction that wasn’t requested
Subject to section 16, the trial judge must not give the jury a direction that has not been requested under section 12.
S16 When trial judge must give direction regardless of
parties’ views
(1) TJ must give jury a direction if TJ considers there are substantial/compelling reasons for doing so even though direction has not been requested under s 12.
(2) before so doing, TJ must (a) inform P and D counsel (or A if self rep) that TJ is considering giving the JD, (b) invite submissions from P and D counsel (or A) about direction and whether substantial/compelling reasons for giving it exist.
S17 Abolition of CL obligation to give certain
directions does not limit s 16(1)
The abolition by section 16(1) of the Jury Directions Act 2013 of the common law obligation on a trial judge to give certain directions does not limit the obligation of the trial judge under section 16(1) of this Act to give directions.
