Jury Directions Act 2015 (Vic)

Version No. 016

Jury Directions Act 2015

No. 14 of 2015

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Application of Act

4AApplication of Act to criminal proceedings without juries

Part 2—General

5Guiding principles

6Particular form of words not required for direction

7Correction of statements or suggestions that are contrary to Act

8Power to extend or abridge time

Part 3—Request for directions

9Purposes of Part

10Application of Part

11Counsel to assist in identification of matters in issue

12Legal practitioners must request that particular directions be given or not given

13Unrepresented accused

14Trial judge must give requested directions

15Trial judge must not give direction that has not been requested

16When trial judge must give direction regardless of parties' views

17Abolition of common law obligation to give certain directions does not limit section 16(1)

Part 4—Evidential directions

Division 1—Post-offence conduct

18Definitions

19Prosecution notice of evidence to be relied on as evidence of incriminating conduct

20Evidence of incriminating conduct

21Mandatory direction on use of evidence of incriminating conduct

22Additional direction on incriminating conduct

23Direction to avoid risk of improper use of evidence

24Abolition of common law rules continues

Division 2—Other misconduct evidence

25Application of Division

26Definitions

27Direction on other misconduct evidence adduced by the prosecution

28Direction on other misconduct evidence adduced by accused about a co-accused

29Direction to avoid risk of improper use of other misconduct evidence

30Abolition of common law rules

Division 3—Unreliable evidence

31Definition

32Direction on unreliable evidence

33Prohibited statements and suggestions in relation to reliability of children's evidence

34Abolition of common law rules

Division 4—Identification evidence

35Definition

36Direction on identification evidence

37Abolition of common law rules

Division 5—Delay and forensic disadvantage

38Definition

39Direction on significant forensic disadvantage

40Abolition of common law rules

Division 6—Failure to give evidence or call witness

41Direction on accused not giving evidence or calling witness

42Prohibited statements and suggestions in relation to accused who does not give evidence or call witness

43Direction on prosecution not calling or questioning witness

44Abolition of common law rules

Division 7—Previous representations

44ADefinition

44BDirection not required regarding repetition of previous representation

44CDirection not required regarding evidence of person who saw, heard or perceived complaint

44DDirection not required regarding complaint made in general terms

44EAbolition of common law rules

Division 8—Doubts regarding truthfulness or reliability of victim's evidence

44FProhibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence

44GAbolition of common law rules

Division 9—Accused giving evidence, interest in outcome of trial

44HProhibited statements and suggestions in relation to interest in outcome of trial

44IDirection on accused giving evidence or interest of accused in outcome of trial

44JProhibited directions in relation to evidence of an accused

44KAbolition of common law rules

Division 10—Whether a prosecution witness has a motive to lie

44LDirection on prosecution witness's motive to lie

44MAbolition of common law rules

Division 11—Language and cognitive skills of child witness

44NDirection on language and cognitive skills of child witness

Part 5—Sexual offences

Division 1AA—Early indication of likely directions under this Part

44OApplication of Division

44PTrial judge may request indication from parties

Division 1—Consent and reasonable belief in consent (offences after 1 July 2015)

45Application of Division

46Direction on consent

47Direction on reasonable belief in consent

Division 1A—Consent and reasonable belief in consent (offences before, on or after 1 July 2015)

Subdivision 1—Preliminary

47AApplication of Division

47BPart 3 does not apply

Subdivision 2—Trial judge's obligation to give directions

47CTrial judge must give directions on consent and reasonable belief in consent

Subdivision 3—Directions on consent

47DDirection on the absence of physical injury, violence or a threat

47EDirection on responses to a non‑consensual sexual act

47FDirection on other sexual activity

47GDirection on personal appearance and irrelevant conduct

47HDirection on non-consensual sexual acts occurring between all sorts of people

Subdivision 4—Directions on reasonable belief in consent

47IDirection on general assumptions not informing a reasonable belief in consent

Division 2—Delay and credibility

48Application of Division

49Part 3 does not apply

50Definitions

51Prohibited statements and suggestions in relation to complainants, delay and unreliability

52Direction on delay in complaint or lack of complaint

54Abolition of common law rules

Division 3—Differences in complainant's account

54AApplication of Division

54BPart 3 does not apply

54CDefinition

54DDirection on difference in complainant's account

Division 4—Continuation of relationship or communication after sexual offence

54EApplication of Division

54FPart 3 does not apply

54GDefinition

54HDirection on evidence of post-offence relationship

Division 5—Whether complainant is distressed or emotional while giving evidence

54IApplication of Division

54JPart 3 does not apply

54KDirection on whether complainant is distressed or emotional while giving evidence

Part 6—Family violence

55Application of Part

56Part 3 does not apply

57Definition

58Request for direction on family violence

59Content of direction on family violence

60Additional matters for direction on family violence

Part 7—General directions

Division 1—Proof beyond reasonable doubt

61What must be proved beyond reasonable doubt

62Abolition of common law obligation to give certain directions

63Trial judge must explain "proof beyond reasonable doubt"

64How explanation may be given

Division 2—Perseverance and majority verdicts

64ADefinition

64BRestriction on when direction to persevere may be given

64CTrial judge need not give direction to persevere before giving majority verdict direction

64DAbolition of common law rules

Division 3—Jury deliberations

64EDirections on order in which offences to be considered

64FDirections on order in which elements, defences and issues in dispute to be considered

64GAbolition of common law rules

Part 8—Trial judge's summing up

65Trial judge's obligations when summing up

66Trial judge required to identify only evidence necessary for determination of issues

67Trial judge may give integrated directions

Part 9—Transitional provisions

68Transitional provisions

Schedule 1—Transitional provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 016

Jury Directions Act 2015

No. 14 of 2015

Version incorporating amendments as at

30 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to reduce the complexity of jury directions in criminal trials; and

(b)to simplify and clarify the issues that juries must determine in criminal trials; and

(c)to simplify and clarify the duties of the trial judge in giving jury directions in criminal trials; and

(d)to clarify that it is one of the duties of legal practitioners appearing in criminal trials to assist the trial judge in deciding which jury directions should be given; and

(e)to assist the trial judge to give jury directions in a manner that is as clear, brief, simple and comprehensible as possible; and

(f)to provide for simplified jury directions in relation to specific issues; and

(g)to re-enact the Jury Directions Act 2013 with amendments; and

(h)to amend the Evidence Act 2008 in relation to corroboration directions; and

(i)to make consequential and other amendments.

2Commencement

(1)Section 1, Division 4 of Part 10 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Division 1 of Part 5 comes into operation on the same day as section 3 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 comes into operation.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 29 June 2015, it comes into operation on that day.

3Definitions

In this Act—

accused has the same meaning as in the Criminal Procedure Act 2009;

alternative offence means an offence in respect of which the jury may, in accordance with any Act or any other law, find the accused guilty if the jury is not satisfied that the accused is guilty of an offence charged;

commercial sexual services has the same meaning as in section 35 of the Crimes Act 1958;

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 a legal practitioner representing an accused;

direction includes an explanation under section 63 or 64;

gender identity has the same meaning as in the Equal Opportunity Act 2010;

general directions means directions concerning matters relating to the conduct of trials generally, including—

(a)the roles of the trial judge, the jury and counsel; and

(b)the empanelment of a jury and the selection of a foreperson; and

(c)trial procedure; and

(d)the need to decide issues on the basis of admissible evidence only; and

(e)the need to decide each charge separately according to the evidence relating to that charge; and

(f)the assessment of witnesses; and

(g)the presumption of innocence and the burden and standard of proof, including what must be proved beyond reasonable doubt; and

(h)the drawing of conclusions and the distinction between direct and circumstantial evidence; and

(i)jury deliberations and verdicts;

legal practitioner has the same meaning as in the Criminal Procedure Act 2009;

requested direction means a direction that the trial judge is requested to give to the jury under section 12;

sexual offence has the same meaning as in the Criminal Procedure Act 2009;

sexual orientation has the same meaning as in the Equal Opportunity Act 2010;

trial judge has the same meaning as in the Criminal Procedure Act 2009.

4Application of Act

This Act applies despite any rule of law or practice to the contrary.

4AApplication of Act to criminal proceedings without juries

(1)This section applies to—

(a)a summary hearing or committal proceeding under the Criminal Procedure Act 2009; and

(ab)a pre-trial hearing under Division 5 of Part 5.5 of the Criminal Procedure Act 2009; and

(b)an appeal or case stated under the Criminal Procedure Act 2009; and

(c)an appeal or case stated under Part 5.4 of the Children, Youth and Families Act 2005; and

(d)a special hearing under Division 3 of Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and

(e)an appeal under section 24AA or 38ZE of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(2)The court's reasoning with respect to any matter in relation to which Part 4, 5, 6 or 7 makes provision—

(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)a statement or suggestion that this Act prohibits a trial judge from making; or

(ii)a direction that this Act prohibits a trial judge from giving.

PART 2—GENERAL

5Guiding principles

(1)The Parliament recognises that—

(a)the role of the jury in a criminal trial is to determine the issues that are in dispute between the prosecution and the accused; and

(b)in recent decades, the law of jury directions in criminal trials has become increasingly complex; and

(c)this development—

(i)has made jury directions increasingly complex, technical and lengthy; and

(ii)has made it increasingly difficult for trial judges to comply with the law of jury directions and avoid errors of law; and

(iii)has made it increasingly difficult for jurors to understand and apply jury directions; and

(d)research indicates that jurors find complex, technical and lengthy jury directions difficult to follow.

(2)The Parliament further recognises that it is the responsibility of the trial judge to determine—

(a)the matters in issue in the trial; and

(b)the directions that the trial judge should give to the jury; and

(c)the content of those directions.

(3)The Parliament further recognises that it is one of the duties of legal practitioners appearing in a criminal trial to assist the trial judge in his or her determination of the matters referred to in subsection (2).

(4)It is the intention of the Parliament that a trial judge, in giving directions to a jury in a criminal trial, should—

(a)give directions on only so much of the law as the jury needs to know to determine the issues in the trial; and

(b)avoid using technical legal language wherever possible; and

(c)be as clear, brief, simple and comprehensible as possible.

(5)It is the intention of the Parliament that this Act is to be applied and interpreted having regard to the matters set out in this section (to be known as the guiding principles).

6Particular form of words not required for direction

In giving a direction to the jury, the trial judge need not use any particular form of words.

7Correction of statements or suggestions that are contrary to Act

(1)Subject to subsection (2), the trial judge must—

(a)correct a statement or suggestion by the prosecution or defence counsel (or, if the accused is unrepresented, the accused) that is prohibited by this Act; and

(b)correct a statement or suggestion prohibited by this Act that is in a question from the jury.

Note

Sections 33, 42 and 51(1) prohibit certain statements and suggestions.

(2)The trial judge need not correct a statement or suggestion referred to in subsection (1) if there are good reasons for not doing so.

Example

A good reason may be that counsel has already corrected a prohibited statement or suggestion at the invitation of the trial judge.

8Power to extend or abridge time

(1)The court, by order, may extend or abridge any time fixed—

(a)by or under this Act; or

(b)by any order extending or abridging time made under this section—

if the court considers that it is in the interests of justice to do so.

(2)It is not necessary that an order be made under subsection (1) if a ruling made, or direction given, by the court provides for the extension or abridgement of time.

(3)The court may extend time under subsection (1) before or after the time expires.

(4)More than one extension of time may be granted under subsection (1).

(5)Unless the court otherwise orders, no material in support of an order under subsection (1) need be filed.

PART 3—REQUEST FOR DIRECTIONS

9Purposes of Part

The purposes of this Part are—

(a)to assist the trial judge to discharge his or her duty to determine—

(i)the matters in issue in the trial; and

(ii)the directions that he or she should give to the jury; and

(iii)the content of those directions; and

(b)to ensure that legal practitioners appearing in a criminal trial discharge their duty to assist the trial judge in his or her determination of the matters referred to in paragraph (a); and

(c)to provide for the directions that the trial judge should give to the jury if the accused is not represented by a legal practitioner.

10Application of Part

(1)This Part does not apply to—

(a)general directions; or

(b)a direction that the trial judge is required to give, or not to give, to the jury under any provision of this or any other Act.

(2)This Part does not preclude the giving of a direction, that is consistent with this Act, that the trial judge considers necessary at any time before the close of all evidence.

(3)In determining under subsection (2) whether a direction is necessary, the trial judge must have regard to the submissions, if any, of the prosecution and defence counsel.

11Counsel to assist in identification of matters in issue

After the close of all evidence and before the closing address of the prosecution—

(a)the prosecution must inform the trial judge whether it considers that the following matters are open on the evidence and, if so, whether it relies on them—

(i)any alternative offence, including an element of any alternative offence;

(ii)any alternative basis of complicity in the commission of the offence charged and any alternative offence; and

(b)defence counsel must then inform the trial judge 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, including an element of any alternative offence;

(iv)any alternative basis of complicity in the commission of the offence charged and any alternative offence.

12Legal practitioners must request that particular directions be given or not given

After the matters in issue have been identified in accordance with section 11, the prosecution and defence counsel must each request that the trial judge give, or not give, to the jury particular directions in respect of—

(a)the matters in issue; and

(b)the evidence in the trial relevant to the matters in issue.

13Unrepresented accused

(1)Subject to subsection (2), if the accused is not represented by a legal practitioner, the trial judge must comply with this Part as if the accused had informed the trial judge that all matters referred to in section 11(b) were in issue and had requested every direction that it was open to the accused to request under section 12, had the accused been represented by a legal practitioner.

(2)The trial judge need not give the jury a direction if the trial judge considers that—

(a)there are good reasons for not giving the direction; or

(b)it is otherwise not in the interests of justice to give the direction.

Note

Section 14 sets out the matters the trial judge must have regard to in determining whether there are good reasons for not giving a direction.

14Trial judge must give requested directions

(1)The trial judge must give the jury a requested direction unless there are good reasons for not doing so.

(2)In determining whether there are good reasons for not giving a requested direction to the jury, the trial judge must have regard to—

(a)the evidence in the trial; and

(b)the manner in which the prosecution and the accused have conducted their cases, including—

(i)whether the direction concerns a matter not raised or relied on by the accused; and

(ii)whether the direction would involve the jury considering the issues in the trial in a manner that is different from the way in which the accused has presented his or her case.

15Trial judge must not give direction that has not been requested

Subject to section 16, the trial judge must not give the jury a direction that has not been requested under section 12.

16When trial judge must give direction regardless of parties' views

(1)The trial judge must give the jury a direction if the trial judge considers that there are substantial and compelling reasons for doing so even though the direction has not been requested under section 12.

(2)Before giving a direction under this section, the trial judge must—

(a)inform the prosecution and defence counsel (or, if the accused is unrepresented, the accused) that the trial judge is considering giving the direction; and

(b)invite submissions from the prosecution and defence counsel (or the accused, as the case may be) about the direction and whether there are substantial and compelling reasons for giving the direction.

17Abolition of common law obligation to give certain directions does not limit section 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.

Notes

1Section 16(1) of the Jury Directions Act 2013 abolished any rule of common law under which a trial judge in a criminal trial was required to direct the jury about—

(a)    any defences and alternative offences open on the evidence but which had not been identified as such during the trial; or

(b) any alternative basis of complicity in the offence charged and any alternative offence in issue.

2Section 16 of the Jury Directions Act 2013 abolished the rule attributed to Pemble v R [1971] HCA 20; (1971) 124 CLR 107 and the application of Pemble in the context of complicity, for example Gilbert v R [2000] HCA 15; 201 CLR 414 and R v Nguyen [2010] HCA 38; (2010) 242 CLR 491.

3By virtue of section 14(2)(c) of the Interpretation of Legislation Act 1984 the repeal of section 16 of the Jury Directions Act 2013 by this Act does not revive anything not in force or existing at the time of the repeal.

4Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

PART 4—EVIDENTIAL DIRECTIONS

Division 1—Post-offence conduct

18Definitions

In this Division—

conduct means the telling of a lie by the accused, or any other act or omission of the accused, which occurs after the event or events alleged to constitute an offence charged;

incriminating conduct means conduct that amounts to an implied admission by the accused—

(a)of having committed an offence charged or an element of an offence charged; or

(b)which negates a defence to an offence charged;

offence charged includes any alternative offence.

19Prosecution notice of evidence to be relied on as evidence of incriminating conduct

(1)The prosecution must give notice of evidence of conduct that it proposes to rely on as evidence of incriminating conduct by serving on the accused and filing in court at least 28 days before the day on which the trial of the accused is listed to commence—

(a)a notice of intention to rely on evidence of incriminating conduct, in the form required by rules of court, if any; and

(b)a copy of the evidence on which the prosecution intends to rely.

(2)A notice under subsection (1) must be served in accordance with Part 8.3 of Chapter 8 of the Criminal Procedure Act 2009.

(3)The trial judge may dispense with the requirements of subsection (1)(a) or (b) if—

(a)during a trial the prosecution first becomes aware of evidence of conduct that it proposes to rely on as evidence of incriminating conduct; and

(b)the prosecution gives oral notice to the court and the accused of its intention to rely on evidence of incriminating conduct; and

(c)it is in the interests of justice to dispense with those requirements.

(4)If under subsection (3) the trial judge dispenses with the requirement of subsection (1)(b), the prosecution must identify orally to the court and the accused the evidence of conduct that it proposes to rely on as evidence of incriminating conduct.

Note

See section 8 for extension or abridgment of time.

20Evidence of incriminating conduct

(1)The prosecution must not rely on evidence of conduct as evidence of incriminating conduct unless—

(a)the prosecution has given notice in accordance with section 19; and

(b)the trial judge determines that, on the basis of the evidence as a whole, the evidence of conduct is reasonably capable of being viewed by the jury as evidence of incriminating conduct.

Note

A trial judge may make a determination under paragraph (b) even where the evidence of conduct relates only to an alternative offence.

(2)Subsection (1) applies even if the evidence of conduct may be admissible for another purpose.

21Mandatory direction on use of evidence of incriminating conduct

(1)If the prosecution relies on evidence of conduct as evidence of incriminating conduct, the trial judge must direct the jury that—

(a)the jury may treat the evidence as evidence that the accused believed that he or she had committed the offence charged or an element of the offence charged, or that he or she had negated a defence to the offence charged, only if it concludes that—

(i)the conduct occurred; and

(ii)the only reasonable explanation of the conduct is that the accused held that belief; and

(b)even if the jury concludes that the accused believed that he or she had committed the offence charged, it must still decide, on the basis of the evidence as a whole, whether the prosecution has proved the guilt of the accused beyond reasonable doubt.

(2)In giving a direction under this section, a trial judge need not refer to each act or omission of the accused.

Note

Section 6 provides that a trial judge need not use any particular form of words in giving a direction to the jury. For example, in relation to the direction referred to in subsection (1)(a)(ii), if the evidence concerns an element of an offence, the trial judge could refer to "knew" rather than "believed" to better describe what the incriminating conduct, if accepted, may prove.

22Additional direction on incriminating conduct

If the trial judge gives, or proposes to give, a direction under section 21, defence counsel may request under section 12 that the trial judge also direct the jury that—

(a)there are all sorts of reasons why a person might behave in a way that makes the person look guilty; and

(b)the accused may have engaged in the conduct even though the accused is not guilty of the offence charged; and

(c)even if the jury thinks that the conduct makes the accused look guilty, that does not necessarily mean that the accused is guilty.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

23Direction to avoid risk of improper use of evidence

(1)If evidence is given of conduct but the prosecution does not rely on the evidence as evidence of incriminating conduct, defence counsel may request under section 12 that the trial judge—

(a)direct the jury that there are all sorts of reasons why a person might behave in a way that makes the person look guilty; and

(b)warn the jury that even if the jury thinks that the accused engaged in the conduct, it must not conclude from that evidence that the accused is guilty of the offence charged.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

(2)Without limiting section 14, it is a good reason for not giving the requested direction if the trial judge considers that there is no substantial risk that the jury might use the evidence as evidence of incriminating conduct.

24Abolition of common law rules continues

Except as provided by this Division, a trial judge is not required to give the jury a direction regarding evidence because it is evidence of incriminating conduct or may be improperly used as evidence of incriminating conduct.

Notes

1Section 28(3) of the Jury Directions Act 2013 abolished rules of common law based on Edwards v R [1993] HCA 63; (1993) 178 CLR 193 and Zoneff v R [2000] HCA 28; (2000) 200 CLR 234.

2By virtue of section 14(2)(c) of the Interpretation of Legislation Act 1984 the repeal of section 28 of the Jury Directions Act 2013 by this Act does not revive anything not in force or existing at the time of the repeal.

3Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

4Section 28(2) of the Jury Directions Act 2013 has been superseded by sections 61 and 62 of this Act.

Division 2—Other misconduct evidence

25Application of Division

This Division applies despite any obligation arising from section 95 of the Evidence Act 2008.

26Definitions

In this Division—

coincidence evidence has the same meaning as in the Evidence Act 2008;

other misconduct evidence means—

(a)coincidence evidence; or

(b)tendency evidence; or

(c)evidence of other discreditable acts and omissions of an accused that are not directly relevant to a fact in issue; or

(d)evidence that is adduced to assist the jury to understand the context in which the offence charged or any alternative offence is alleged to have been committed;

tendency evidence has the same meaning as in the Evidence Act 2008.

27Direction on other misconduct evidence adduced by the prosecution

(1)Defence counsel may request under section 12 that the trial judge direct the jury on other misconduct evidence adduced by the prosecution.

(2)In giving a direction referred to in subsection (1), the trial judge must—

(a)identify how the other misconduct evidence is relevant (whether directly or indirectly) to the existence of a fact in issue in the trial and direct the jury not to use the evidence for any other purpose; and

(b)if the evidence forms only part of the prosecution case against the accused, inform the jury of that fact; and

(c)direct the jury that it must not decide the case based on prejudice arising from what the jury has heard about the accused.

(3)In giving a direction referred to in subsection (1), the trial judge need not—

(a)explain further what the jury should consider in deciding whether to use the other misconduct evidence; or

(b)identify impermissible uses of the other misconduct evidence; or

(c)refer to any other matter.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

28Direction on other misconduct evidence adduced by accused about a co-accused

(1)The prosecution or counsel for a co-accused may request under section 12 that the trial judge direct the jury on other misconduct evidence adduced by the accused about the co-accused.

(2)In giving a direction referred to in subsection (1), the trial judge must—

(a)identify how the other misconduct evidence is relevant (whether directly or indirectly) to the existence of a fact in issue in the trial and direct the jury not to use the evidence for any other purpose; and

(b)direct the jury that it must not decide the case based on prejudice arising from what the jury has heard about the co-accused.

(3)In giving a direction referred to in subsection (1), the trial judge need not—

(a)explain further what the jury should consider in deciding whether to use the other misconduct evidence; or

(b)identify impermissible uses of the other misconduct evidence; or

(c)refer to any other matter.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

29Direction to avoid risk of improper use of other misconduct evidence

(1)If other misconduct evidence (other than tendency evidence) is adduced, the prosecution or defence counsel may request under section 12 that the trial judge warn the jury not to use the evidence as tendency evidence.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

(2)Without limiting section 14, it is a good reason for not giving the requested direction if the trial judge considers that there is no substantial risk that the jury might use the evidence as tendency evidence.

30Abolition of common law rules

(1)Except as provided by this Division, a trial judge is not required to direct the jury regarding the use of other misconduct evidence.

(2)Any rule of common law to the contrary of this section is abolished.

Note

Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 3—Unreliable evidence

31Definition

In this Division—

evidence of a kind that may be unreliable includes—

(a)evidence in relation to which Part 3.2 (hearsay evidence) or 3.4 (admissions) of the Evidence Act 2008 applies; and

(b)evidence the reliability of which may be affected by age, ill health (whether physical or mental), injury or the like; and

(c)evidence given by a witness who might reasonably be supposed to have been criminally concerned in the events giving rise to the trial; and

(d)evidence given by a witness who is a prison informer; and

(e)oral evidence of questioning by an investigating official (within the meaning of the Evidence Act 2008) of an accused where the questioning has not been acknowledged by the accused.

32Direction on unreliable evidence

(1)The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on evidence of a kind that may be unreliable.

(2)In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify—

(a)the significant matters that may make the evidence unreliable; or

(b)if the request concerns evidence given by a child, the significant matters (other than solely the age of the child) that may make the evidence of the child unreliable.

(3)In giving a direction referred to in subsection (1), the trial judge must—

(a)warn the jury that the evidence may be unreliable; and

(b)inform the jury of—

(i)the significant matters that the trial judge considers may cause the evidence to be unreliable; or

(ii)if the direction concerns evidence given by a child, the significant matters (other than solely the age of the child) that the trial judge considers may make the evidence of the child unreliable; and

(c)warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.

Notes

1Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

2Section 115(7) of the Evidence Act 2008 and Division 4 of this Part provide for warnings and information about identification evidence.

3Section 164(4) of the Evidence Act 2008 provides that in a criminal proceeding the judge must not—

(a)    warn the jury that it is dangerous to act on uncorroborated evidence or give a warning to the same or similar effect; or

(b) give a direction relating to the absence of corroboration.

4Section 164(5) of the Evidence Act 2008 provides that in a criminal proceeding for the offence of perjury or a similar or related offence, the judge must direct the jury that it may find the accused guilty only if it is satisfied that the evidence proving guilt is corroborated.

33Prohibited statements and suggestions in relation to reliability of children's evidence

The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that—

(a)children as a class are unreliable witnesses; or

(b)the evidence of children as a class is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults; or

(c)a particular child's evidence is unreliable solely on account of the age of the child; or

(d)it would be dangerous to convict on the uncorroborated evidence of a witness because that witness is a child.

Notes

1Section 7 provides for correction of statements or suggestions to the contrary of this provision.

2Section 164 of the Evidence Act 2008 relates to corroboration.

34Abolition of common law rules

(1)Except as provided by this Division, a trial judge is not required to direct the jury regarding evidence of a kind that may be unreliable.

(2)Any rule of common law to the contrary of subsection (1) is abolished.

Note

Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 4—Identification evidence

35Definition

In this Division—

identification evidence means an assertion by a person, or a report of an assertion by a person, to the effect that—

(a)he or she recognises, or does not recognise, a person or object as the person or object that he or she saw, heard or perceived on the relevant occasion; or

(b)the general appearance or characteristics of a person or object are similar, or are not similar, to the general appearance or characteristics of the person or object that he or she saw, heard or perceived on the relevant occasion—

and includes—

(c)visual identification evidence within the meaning of section 114 of the Evidence Act 2008; and

(d)picture identification evidence within the meaning of section 115 of the Evidence Act 2008.

Note

Section 115(7) of the Evidence Act 2008 requires particular jury directions in relation to picture identification evidence.

36Direction on identification evidence

(1)The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on identification evidence.

(2)In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify the significant matters that may make the evidence unreliable.

(3)In giving a direction referred to in subsection (1), the trial judge must—

(a)warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it; and

(b)inform the jury of the significant matters that the trial judge considers may make the evidence unreliable; and

(c)inform the jury that—

(i)a witness may honestly believe that his or her evidence is accurate when the witness is, in fact, mistaken; and

(ii)the mistaken evidence of a witness may be convincing; and

(d)if relevant, inform the jury that a number of witnesses may all be mistaken; and

(e)if relevant, inform the jury that mistaken identification evidence has resulted in innocent people being convicted.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

37Abolition of common law rules

(1)Except as provided by this Division, a trial judge is not required to direct the jury regarding the unreliability of identification evidence.

(2)Any rule of common law to the contrary of subsection (1) is abolished.

Note

Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 5—Delay and forensic disadvantage

38Definition

In this Division—

forensic disadvantage means a disadvantage
(that is more than the mere existence of delay) to the accused in—

(a)challenging, adducing or giving evidence; or

(b)conducting his or her case—

because of the consequences of delay due to the period of time that has elapsed between the alleged offence and the trial.

39Direction on significant forensic disadvantage

(1)Defence counsel may request under section 12 that the trial judge direct the jury on forensic disadvantage experienced by the accused.

(2)The trial judge may direct the jury as referred to in subsection (1) only if the trial judge is satisfied that the accused has experienced a significant forensic disadvantage.

(3)In giving a direction referred to in subsection (1), the trial judge—

(a)must inform the jury of—

(i)the nature of the disadvantage experienced by the accused; and

(ii)the need to take the disadvantage into account when considering the evidence; and

(b)must not say, or suggest in any way, to the jury that—

(i)it would be dangerous or unsafe to convict the accused; or

(ii)the victim's evidence should be scrutinised with great care.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 39(2) qualifies the threshold for giving a requested direction. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

40Abolition of common law rules

Any rule of common law under which a trial judge is required or permitted to direct the jury on a disadvantage to the accused in challenging, adducing or giving evidence or conducting his or her case because of delay is abolished.

Notes

1This provision abolishes the rule attributed to
Longman v R [1989] HCA 60; (1989) 168 CLR 79, followed in Crampton v R [2000] HCA 60; (2000) 206 CLR 161 and applied in relation to the corroborated evidence of a complainant in Doggett v R [2001] HCA 46; (2001) 208 CLR 343.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 6—Failure to give evidence or call witness

41Direction on accused not giving evidence or calling witness

(1)If the accused does not give evidence or call a particular witness, defence counsel may request under section 12 that the trial judge direct the jury on that fact.

(2)In giving a direction referred to in subsection (1), the trial judge must explain—

(a)the prosecution's obligation to prove that the accused is guilty; and

(b)that the accused is not required to give evidence or call a witness (as the case requires); and

(c)that the jury should not guess or speculate about what might have been contained in—

(i)the evidence that was not given by the accused; or

(ii)the evidence that might have been given by a witness who was not called—

as the case requires; and

(d)that the fact that the accused did not give evidence or call a witness (as the case requires)—

(i)is not evidence against the accused; and

(ii)is not an admission by the accused; and

(iii)must not be used to fill gaps in the evidence adduced by the prosecution; and

(iv)does not strengthen the prosecution case.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

42Prohibited statements and suggestions in relation to accused who does not give evidence or call witness

The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that, because an accused did not give evidence or call a particular witness (as the case requires), the jury may—

(a)conclude that the accused is guilty from that fact; or

(b)use the failure of the accused to provide an explanation of facts, which must be within the knowledge of the accused, to more safely draw an adverse inference based on those facts which, if drawn, would prove the guilt of the accused; or

(c)draw an inference that the accused did not give evidence or call a witness (as the case requires) because that would not have assisted his or her case.

Note

Section 7 provides for correction of statements or suggestions to the contrary of this provision.

43Direction on prosecution not calling or questioning witness

(1)If the prosecution does not call or question a particular witness, defence counsel may request under section 12 that the trial judge direct the jury on that fact.

(2)The trial judge may direct the jury as referred to in subsection (1) only if the trial judge is satisfied that the prosecution—

(a)was reasonably expected to call or question the witness; and

(b)has not satisfactorily explained why it did not call or question the witness.

(3)In giving a direction referred to in subsection (1), the trial judge may inform the jury that it may conclude that the witness would not have assisted the prosecution's case.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 43(2) qualifies the threshold for giving a requested direction. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

44Abolition of common law rules

(1)Except as provided by this Division, a trial judge is not required to direct the jury—

(a)when the accused does not give evidence or call a witness; or

(b)when the prosecution does not call or question a witness.

(2)Any rule of common law to the contrary of subsection (1) is abolished.

Notes

1This provision abolishes directions based on the rule attributed to Weissensteiner v R [1993] HCA 65; (1993) 178 CLR 217 and applied in Azzopardi v R [2001] HCA 25; (2001) 205 CLR 50 and the rule attributed to Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 and applied to the accused and prosecution in criminal cases in Dyers v R [2002] HCA 45; (2002) 210 CLR 285.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 7—Previous representations

44ADefinition

In this Division—

previous representation has the same meaning as in the Evidence Act 2008.

44BDirection not required regarding repetition of previous representation

If evidence is given of a previous representation, the trial judge is not required to direct the jury that repeating a previous representation does not make the asserted fact true.

44CDirection not required regarding evidence of person who saw, heard or perceived complaint

(1)This section applies if—

(a)evidence is given of a previous representation by a person who saw, heard or otherwise perceived the representation being made; and

(b)the representation is a complaint, made by the victim of an alleged offence, about the commission of the offence.

(2)The trial judge is not required to direct the jury that the evidence of the previous representation does not independently confirm the victim's evidence of the commission of the alleged offence.

44DDirection not required regarding complaint made in general terms

(1)This section applies if—

(a)evidence is given of a previous representation; and

(b)the representation is a complaint, made by the victim of an alleged offence, about the commission of the offence; and

(c)the complaint is made in general terms.

(2)The trial judge is not required to direct the jury not to substitute the evidence of the previous representation for evidence relating to a specific charge.

44EAbolition of common law rules

Any rule of common law under which a trial judge is required to give the jury a direction referred to in this Division is abolished.

Notes

1This provision abolishes directions based on—

·     Papakosmas v R (1999) 196 CLR 297; and

·     R v Stoupas [1998] 3 VR 645; and

·     R v HJS [2000] NSWCCA 205.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 8—Doubts regarding truthfulness or reliability of victim's evidence

44FProhibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence

In a trial in which more than one offence is charged, the trial judge must not direct the jury that if the jury doubts the truthfulness or reliability of the victim's evidence in relation to a charge, that doubt must be taken into account in assessing the truthfulness or reliability of the victim's evidence generally or in relation to other charges.

Note

This section prohibits the trial judge from giving a particular direction to the jury. This does not limit the obligation of the trial judge to refer the jury to the way in which the prosecution and the accused put their cases in relation to the issues in the trial—see section 65.

44GAbolition of common law rules

Any rule of common law under which a trial judge is required or permitted to give the jury a direction referred to in section 44F is abolished.

Notes

1This provision abolishes the rule attributed to R v Markuleski (2001) 52 NSWLR 82.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 9—Accused giving evidence, interest in outcome of trial

44HProhibited statements and suggestions in relation to interest in outcome of trial

The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that—

(a)an interest in the outcome of the trial is a factor to take into account in assessing the evidence of witnesses generally; or

(b)the evidence of an accused is less credible, or requires more careful scrutiny, because any person who is on trial has an interest in the outcome of that trial.

Notes

1Section 7 provides for correction of statements or suggestions to the contrary of this provision.

2The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) may say or suggest that a witness, or an accused, has a particular interest in the outcome of the trial and this interest does or may affect the credibility of the witness or the accused.

44IDirection on accused giving evidence or interest of accused in outcome of trial

(1)Defence counsel may request under section 12 that the trial judge direct the jury on either or both of the following—

(a)the giving of evidence by the accused;

(b)the interest that the accused has in the outcome of the trial.

(2)In giving a direction referred to in subsection (1), the trial judge must explain that—

(a)the accused is not required to give evidence; and

(b)the fact that the accused has given evidence does not change the prosecution's obligation to prove that the accused is guilty; and

(c)the jury must assess the evidence of the accused in the same way that the jury assesses the evidence of any other witness; and

(d)the jury must not give less weight to the evidence of the accused just because any person who is on trial has an interest in the outcome of that trial.

Notes

1Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

2Section 41 provides for a direction on an accused not giving evidence or calling a particular witness.

44JProhibited directions in relation to evidence of an accused

The trial judge must not direct the jury about any of the following matters in relation to the evidence of an accused—

(a)whether the accused is under more stress than any other witness;

(b)that the accused gave evidence because—

(i)a guilty person who gives evidence will more likely be believed; or

(ii)an innocent person can do nothing more than give evidence.

Note

This section prohibits the trial judge from giving directions to the jury about particular matters. This does not limit the obligation of the trial judge to refer the jury to the way in which the prosecution and the accused put their cases in relation to the issues in the trial—see section 65.

44KAbolition of common law rules

(1)Any rule of common law under which a trial judge is prohibited from directing the jury on the interest a witness or an accused may have in the outcome of a trial is abolished.

(2)Any rule of common law under which a trial judge is required or permitted to direct the jury about the matters referred to in section 44J in relation to the evidence of an accused is abolished.

Notes

1Subsection (1) abolishes the rule attributed to Robinson v R [1991] HCA 38; (1994) 180 CLR 531.

2Subsection (2) abolishes directions based on—

·     R v Haggag [1998] VSC 355; (1998) 101 A Crim R 593; and

·     R v McMahon [2004] VSCA 64; (2004) 8 VR 101; and

·     R v Buckley [2004] VSCA 185; (2004) 10 VR 215.

3Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 10—Whether a prosecution witness has a motive to lie

44LDirection on prosecution witness's motive to lie

(1)If the issue of whether a witness for the prosecution has a motive to lie is raised during a trial, defence counsel may request under section 12 that the trial judge direct the jury on that issue.

(2)In giving a direction referred to in subsection (1), the trial judge must explain—

(a)the prosecution's obligation to prove that the accused is guilty; and

(b)that the accused does not have to prove that the witness had a motive to lie.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

44MAbolition of common law rules

(1)Except as provided by this Division, a trial judge is not required or permitted to direct the jury on the issue of whether a witness for the prosecution has a motive to lie.

(2)Any rule of common law to the contrary of subsection (1) is abolished.

Notes

1Subsection (2) abolishes directions based on Palmer v R [1998] HCA 2; 193 CLR 1.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Division 11—Language and cognitive skills of child witness

44NDirection on language and cognitive skills of child witness

(1)If, before any evidence is adduced in the trial and after hearing submissions from the prosecution and defence counsel (or, if the accused is unrepresented, the accused), the trial judge considers that the reliability or credibility of a child witness is likely to be in issue, the trial judge—

(a)must direct the jury in accordance with subsection (4) before any evidence by the child is adduced, unless there are good reasons for not doing so; and

Example

A good reason may be that the child is 17 years old and the trial judge considers that the direction is unnecessary because the child has well developed language and cognitive skills.

(b)may give the direction before any evidence is adduced in the trial.

(2)If, at any other time during the trial, the trial judge considers that the reliability or credibility of a child witness is likely to be in issue, the trial judge must direct the jury in accordance with subsection (4) as soon as is practicable, unless there are good reasons for not doing so.

(3)The trial judge may repeat a direction under this section at any time in the trial.

(4)In giving a direction under this section, the trial judge must inform the jury that—

(a)children can accurately remember and report past events; and

(b)children are developing language and cognitive skills, and this may affect—

(i)whether children give a detailed, chronological or complete account; and

(ii)how children understand and respond to the questions they are asked; and

(c)experience shows that, depending on a child's level of development, they—

(i)may have difficulty understanding certain language, whether because that language is complicated for children or complicated generally; and

Examples

1Hypothetical, ambiguous, repetitive, multi-part or yes/no questions.

2The use of the passive voice, negatives and double negatives.

(ii)may have difficulty understanding certain concepts, whether because those concepts are complicated for children or complicated generally; and

Example

Relative concepts such as time, duration, measurement or frequency.

(iii)may not request the clarification of a question they do not understand; and

(iv)may not clarify an answer they have given that has been misunderstood.

(5)This section does not limit what the trial judge may include in any other direction to the jury in relation to the evidence of a child witness.

PART 5—SEXUAL OFFENCES

Division 1AA—Early indication of likely directions under this Part

44OApplication of Division

This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence or a charge for an offence of conspiracy or incitement to commit a sexual offence.

44PTrial judge may request indication from parties

(1)Before the trial commences, the trial judge may request that the prosecution and defence counsel (or, if the accused is unrepresented, the accused) each inform the trial judge of whether it is likely that evidence will be adduced in the trial that would provide a good reason for giving a direction for which this Part provides.

(2)If the trial judge is informed under subsection (1) that it is likely that evidence will be adduced that would provide a good reason for giving a particular direction, the trial judge is not required to form a view, at that time, about whether to give that direction.

(3)Nothing in this section prevents the prosecution, defence counsel or the accused from later requesting, or making submissions in relation to, the giving of a direction about which the trial judge was not informed under subsection (1).

Division 1—Consent and reasonable belief in consent (offences after 1 July 2015)

45Application of Division

This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for an offence against any provision in Subdivision (8A), (8B), (8C) or (8D) of Division 1 of Part I of the Crimes Act 1958 or a charge for an offence of conspiracy, incitement or attempt to commit an offence against any of those provisions.

Notes

1Subdivision (8A) provides for rape, sexual assault and associated sexual offences.

2Subdivision (8B) provides for sexual offences against children.

3Subdivision (8C) provides for incest offences.

4Subdivision (8D) provides for child abuse material offences.

5These Subdivisions of Division 1 of Part I of the Crimes Act 1958 came into operation on 1 July 2015.

46Direction on consent

(1)The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on consent.

(2)In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify—

(a)in the case of a request for a direction on the meaning of consent—one or more of the directions set out in subsection (3); or

(b)in the case of a request for a direction on the circumstances in which a person is taken not to have consented to an act—one or more of the directions set out in subsection (4).

Note

Section 36 of the Crimes Act 1958 provides that consent means free and voluntary agreement. Section 36AA of that Act sets out circumstances in which a person does not consent.

(3)For the purposes of subsection (2)(a), the prosecution or defence counsel may request that the trial judge—

(a)inform the jury that a person can consent to an act only if the person is capable of consenting and free to choose whether or not to engage in or allow the act; or

(b)inform the jury that where a person has given consent to an act, the person may withdraw that consent either before the act takes place or at any time while the act is taking place.

*                *                *                *                *

*                *                *                *                *

(4)For the purposes of subsection (2)(b), the prosecution or defence counsel may request that the trial judge—

(a)inform the jury of the relevant circumstances in which the law provides that a person does not consent to an act; or

Note

Section 36AA of the Crimes Act 1958 sets out these circumstances.

(b)direct the jury that if the jury is satisfied beyond reasonable doubt that a circumstance referred to in section 36AA of the Crimes Act 1958 existed in relation to a person, the jury must find that the person did not consent to the act.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so.

Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

47Direction on reasonable belief in consent

(1)The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on reasonable belief in consent.

(2)In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify one or more of the directions set out in subsection (3).

(3)For the purposes of subsection (2), the prosecution or defence counsel may request that the trial judge—

(a)direct the jury that if the jury concludes that the accused knew or believed that a circumstance referred to in section 36AA of the Crimes Act 1958 existed in relation to a person, that knowledge or belief is enough to show that the accused did not reasonably believe that the person was consenting to the act; or

(b)direct the jury that in determining whether the accused who was intoxicated had a reasonable belief at any time—

(i)if the intoxication was self-induced, regard must be had to the standard

of a reasonable person who is not intoxicated and who is otherwise in the same circumstances as the accused at the relevant time; and

(ii)if the intoxication is not self-induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as the accused and who is in the same circumstances as the accused at the relevant time; or

*                *                *                *                *

(d)direct the jury that in determining whether the accused had a reasonable belief in consent, the jury must consider what the community would reasonably expect of the accused in the circumstances in forming a reasonable belief in consent; or

(e)direct the jury that in determining whether the accused had a reasonable belief in consent, the jury may take into account any personal attribute, characteristic or circumstance of the accused.

(4)A good reason for not giving the direction set out in subsection (3)(e) is that the personal attribute, characteristic or circumstance—

(a)did not affect, or is not likely to have affected, the accused's perception or understanding of the objective circumstances; or

(b)was something that the accused was able to control; or

(c)was a subjective value, wish or bias held by the accused, whether or not that value, wish or bias was informed by any particular culture, religion or other influence.

Note

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so.

Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

Division 1A—Consent and reasonable belief in consent (offences before, on or after 1 July 2015)

Subdivision 1—Preliminary

47AApplication of Division

(1)This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence or a charge for an offence of conspiracy or incitement to commit a sexual offence.

(2)If an absence of consent is not an element of the sexual offence, this Division applies in relation to the acts alleged to constitute the offence charged in the same way that it applies in relation to acts constituting an offence of which absence of consent is an element.

(3)For an offence of conspiracy or incitement to commit a sexual offence, subsection (2) applies in relation to the acts alleged to constitute, or that would constitute, the sexual offence that is the subject of the conspiracy or incitement.

(4)In giving a direction set out in a provision of this Division in a proceeding to which subsection (2) applies, the trial judge may use a form of words that reflects that an absence of consent is not an element of the sexual offence, regardless of whether or how consent is referred to in that provision.

Example

In a proceeding for an offence under section 49B of the Crimes Act 1958 (sexual penetration of a child under the age of 16), the trial judge considers there are good reasons to give a direction under section 47C(1)(a) (a direction on the absence of physical injury, violence or a threat). The trial judge gives the direction in section 47D by informing the jury that experience shows that—

(a)    there are many different circumstances in which sexual offending against a child may occur; and

(b)    sexual offending against a child may occur without the child being physically injured or subjected to violence, or threatened with physical injury or violence.

(5)Nothing in subsection (2), (3) or (4) affects or takes away from section 6.

47BPart 3 does not apply

Part 3 does not apply to this Division.

Subdivision 2—Trial judge's obligation to give directions

47CTrial judge must give directions on consent and reasonable belief in consent

(1)The trial judge must give the jury whichever of the following directions the trial judge considers there are good reasons to give—

(a)a direction on the absence of physical injury, violence or a threat (described in section 47D);

(b)a direction on responses to a non-consensual sexual act (described in section 47E);

(c)a direction on other sexual activity (described in section 47F);

(d)a direction on personal appearance and irrelevant conduct (described in section 47G);

(e)a direction on non-consensual sexual acts between all sorts of people (described in section 47H);

(f)a direction on general assumptions not informing a reasonable belief in consent (described in section 47I).

(2)In determining whether there are good reasons for giving a direction under this section, the trial judge must have regard to the submissions, if any, of the prosecution and defence counsel (or, if the accused is unrepresented, the accused).

(3)If the trial judge is to give a direction under this section, the direction must be given at the earliest time in the trial that the trial judge determines is appropriate.

(4)However, subsection (3) does not prevent the trial judge from giving a direction under this section at any time during the trial, including—

(a)before any evidence is adduced in the trial; and

(b)in the trial judge's summing up to the jury.

(5)A direction under this section may be given—

(a)at the request of the prosecution or defence counsel (or, if the accused is unrepresented, the accused); or

(b)on the trial judge's own motion.

(6)The trial judge may repeat a direction under this section at any time in the trial.

Subdivision 3—Directions on consent

47DDirection on the absence of physical injury, violence or a threat

For the purposes of this Division, a direction on the absence of physical injury, violence or a threat is a direction informing the jury that experience shows that—

(a)there are many different circumstances in which people do and do not consent to a sexual act; and

(b)people who do not consent to a sexual act may not be—

(i)physically injured or subjected to violence; or

(ii)threatened with physical injury or violence.

47EDirection on responses to a non‑consensual sexual act

For the purposes of this Division, a direction on responses to a non-consensual sexual act is a direction informing the jury that experience shows that—

(a)people may react differently to a sexual act to which they did not consent, and there is no typical, proper or normal response; and

(b)people who do not consent to a sexual act may not protest or physically resist the act.

Example

The person may freeze and not do or say anything.

47FDirection on other sexual activity

For the purposes of this Division, a direction on other sexual activity is a direction informing the jury that experience shows that people who do not consent to a sexual act with a particular person on one occasion may have, on one or more other occasions, engaged in or been involved in consensual sexual activity—

(a)with that person or another person; or

(b)of the same kind or a different kind.

47GDirection on personal appearance and irrelevant conduct

For the purposes of this Division, a direction on personal appearance and irrelevant conduct is a direction informing the jury that it should not be assumed that a person consented to a sexual act just because the person—

(a)wore particular clothing; or

(b)had a particular appearance; or

(c)drank alcohol or took any other drug; or

(d)was present in a particular location; or

Examples

1     The complainant attended a nightclub.

2 The complainant went to the accused's home.

(e)acted flirtatiously.

47HDirection on non-consensual sexual acts occurring between all sorts of people

For the purposes of this Division, a direction on non-consensual sexual acts occurring between all sorts of people is a direction informing the jury that experience shows that—

(a)there are many different circumstances in which people do and do not consent to a sexual act; and

(b)sexual acts can occur without consent between all sorts of people, including—

(i)people who know each other;

(ii)people who are married to each other;

(iii)people who are in a relationship with each other;

(iv)people who provide commercial sexual services and people for whose arousal or gratification such services are provided;

(v)people of the same or different sexual orientations;

(vi)people of any gender identity, including people whose gender identity does not correspond to their designated sex at birth.

Examples

People who are transgender, non-binary, genderqueer or gender fluid.

Subdivision 4—Directions on reasonable belief in consent

47IDirection on general assumptions not informing a reasonable belief in consent

For the purposes of this Division, a direction on general assumptions not informing a reasonable belief in consent is a direction that informs the jury that—

(a)a belief in consent based solely on a general assumption about the circumstances in which people consent to a sexual act (whether or not that assumption is informed by any particular culture, religion or other influence) is not a reasonable belief; and

(b)if a belief in consent is based on a combination of matters including a general assumption of that kind, then, to the extent that it is based on that general assumption, it is not a reasonable belief.

Examples

Each of the following is an example of a general assumption of the kind referred to in this section—

(a)    a general assumption that a person who gets drunk and flirts with another person consents to a sexual act with that other person;

(b)    a general assumption that a person who dresses in a way that is considered sexually provocative, and who visits another person's home, consents to a sexual act with that other person.

Division 2—Delay and credibility

48Application of Division

This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence or a charge for an offence of conspiracy or incitement to commit a sexual offence.

49Part 3 does not apply

Part 3 does not apply to this Division.

50Definitions

In this Division—

delay in making a complaint includes where—

(a)the complainant has not pursued, or continued to pursue, the complaint in a timely manner; and

(b)the complainant has not made a complaint at the first, or a subsequent, reasonable opportunity to complain;

*                *                *                *                *

sexual offence case means a criminal proceeding referred to in section 48.

51Prohibited statements and suggestions in relation to complainants, delay and unreliability

(1)The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that—

(a)the law regards complainants in sexual offence cases as an unreliable class of witness; or

(b)complainants in sexual offence cases are an unreliable class of witness; or

(c)complainants who delay in making a complaint or do not make a complaint are, as a class, less credible or require more careful scrutiny than other complainants; or

(d)complainants who provide commercial sexual services are, as a class, less credible or require more careful scrutiny than other complainants; or

(e)complainants who have a particular sexual orientation are, as a class, less credible or require more careful scrutiny than other complainants; or

(f)complainants who have a particular gender identity (including complainants whose gender identity does not correspond to their designated sex at birth) are, as a class, less credible or require more careful scrutiny than other complainants.

Examples

People who are transgender, non-binary, genderqueer or gender fluid.

(2)The trial judge must not say, or suggest in any way, to the jury that, because the complainant delayed in making a complaint or did not make a complaint—

(a)it would be dangerous or unsafe to convict the accused; or

(b)the complainant's evidence should be scrutinised with great care.

Notes

1The trial judge is not required to inform the jury about the matters set out in this section.

2Section 7 provides for correction of statements or suggestions to the contrary of section 51(1).

3The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) may say or suggest that the particular complainant's delay in making a complaint or lack of a complaint does, or may, affect the complainant's credibility.

52Direction on delay in complaint or lack of complaint

(1)If, before any evidence is adduced in the trial and after hearing submissions from the prosecution and defence counsel (or, if the accused is unrepresented, the accused), the trial judge considers that there is likely to be evidence in the trial that suggests that the complainant delayed in making a complaint or did not make a complaint, the trial judge—

(a)must direct the jury in accordance with subsection (4) before any evidence about delay in making a complaint or lack of complaint is adduced; and

(b)may give the direction before any evidence is adduced in the trial.

(2)If, at any other time during the trial, the trial judge considers that there is evidence in the trial that suggests that the complainant delayed in making a complaint or did not make a complaint, the trial judge must direct the jury in accordance with subsection (4) as soon as is practicable.

(2A)A direction under this section may be given—

(a)at the request of the prosecution; or

(b)on the trial judge's own motion.

(3)The trial judge may repeat a direction under this section at any time in the trial.

(4)In giving a direction under this section, the trial judge must inform the jury that experience shows that—

(a)people may react differently to sexual offences and there is no typical, proper or normal response to a sexual offence; and

(b)some people may complain immediately to the first person they see, while others may not complain for some time and others may never make a complaint; and

(c)delay in making a complaint in respect of a sexual offence is a common occurrence; and

Example

Section 421 of the Crimes Act 1958 provides that on an indictment for murder a person found not guilty of murder may be found guilty of other offences, including manslaughter.

(2)The trial judge may direct the jury on the order in which the jury must consider the offences.

Example

In a homicide trial, the trial judge may direct the jury to consider the offence of manslaughter only if the jury first finds the accused not guilty of murder.

(3)Nothing in subsection (2) prevents the trial judge from directing the jury on the order in which the jury may consider the offences.

64FDirections on order in which elements, defences and issues in dispute to be considered

(1)The trial judge may direct the jury on the order in which it must consider the following matters—

(a)some or all of the elements of an offence charged or an alternative offence;

(b)defences to an offence charged or an alternative offence;

(c)the matters in issue;

(d)an alternative basis of complicity in the commission of an offence charged or an alternative offence.

Note

This may take the form of an integrated direction or factual question under section 67.

(2)Nothing in subsection (1) prevents the trial judge from directing the jury on the order in which the jury may consider the matters referred to in that subsection.

64GAbolition of common law rules

Any rule of common law under which a trial judge is not permitted to direct the jury on the order in which it must consider any of the following matters is abolished—

(a)the offences in respect of which the jury may return a verdict;

(b)the elements of an offence charged or an alternative offence;

(c)defences to an offence charged or to an alternative offence;

(d)the matters in issue;

(e)an alternative basis of complicity in the commission of an offence charged or an alternative offence.

Notes

1This provision abolishes the rule attributed to
Stanton v R [2003] HCA 29; (2003) 198 ALR 41 and followed in Medici v The Queen [2013] VSCA 111 and Smith v The Queen [2013] VSCA 112.

2Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

PART 8—TRIAL JUDGE'S SUMMING UP

65Trial judge's obligations when summing up

In his or her summing up to the jury, the trial judge—

(a)must explain only so much of the law as is necessary for the jury to determine the issues in the trial; and

(b)must refer the jury to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial but need not summarise the closing addresses of the prosecution and the accused; and

(c)need not give a summary of the evidence but, in accordance with section 66, must identify so much of the evidence as is necessary to assist the jury to determine the issues in the trial; and

(d)may use a combination of oral and written components.

66Trial judge required to identify only evidence necessary for determination of issues

(1)The trial judge is required to identify only so much of the evidence given in the trial as is necessary to assist the jury to determine the issues in the trial.

(2)In determining whether and if so to what extent identification of evidence is necessary under subsection (1), the trial judge must have regard to—

(a)the facts in issue; and

(b)the complexity of the facts in issue; and

(c)the length of the trial; and

(d)the complexity of the evidence; and

(e)the submissions and addresses of the prosecution and the accused; and

(f)any reference to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial; and

Note

See section 65(b).

(g)any special needs or disadvantages of the jury in understanding or recalling the evidence; and

(h)any transcript of the evidence in the trial or any other document provided to assist the jury to understand the evidence.

Note

Section 223 of the Criminal Procedure Act 2009 provides for the trial judge to give the transcript of the evidence in the trial and certain other documents to the jury for the purpose of helping the jury to understand the issues or the evidence.

(3)In addition to the requirements of subsection (2), the trial judge may have regard to any other matter that he or she considers appropriate.

67Trial judge may give integrated directions

(1)In this section—

integrated directions means directions referred to in subsection (3).

(2)The trial judge may give to the jury directions that contain, or are in the form of, factual questions that address matters that the jury must consider or be satisfied of in order to reach a verdict, including the elements of the offence and any relevant defences.

(3)The trial judge may give integrated directions that combine the factual questions referred to in subsection (2) with—

(a)directions on the evidence and how the evidence is to be assessed; or

(b)references to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial; or

(c)any evidence identified under section 66.

(4)A trial judge who addresses a matter—

(a)by a factual question need not also address the matter in any other direction; or

(b)in integrated directions need not also address the matter in directions that are not integrated directions.

PART 9—TRANSITIONAL PROVISIONS

68Transitional provisions

Schedule 1 has effect.

*                *                *                *                *

SCHEDULE 1—TRANSITIONAL PROVISIONS

1Jury Directions Act 2015

(1)A provision of this Act (other than Division 1 of Part 5) applies to a trial that commences

(within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which that provision comes into operation.

(2)Division 1 of Part 5 applies to a proceeding that relates to a charge for an offence alleged to have been committed on or after the commencement of that Division.

(3)For the purposes of subclause (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, the offence is alleged to have been committed before that commencement.

(4)Notes inserted in the Evidence Act 2008 by Division 2 of Part 10 of this Act do not form part of that Act.

2Crimes Amendment (Sexual Offences) Act 2016

(1)The amendments made to this Act by sections 27 and 28 of the Crimes Amendment (Sexual Offences) Act 2016 apply only to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which those sections come into operation if the offence to which the trial relates is alleged to have been committed on or after the commencement of Division 1 of Part 5.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Division 1 of Part 5, it is alleged to have been committed before that commencement.

3Crimes Legislation Further Amendment Act 2017

The amendments made to this Act by Part 5 of the Crimes Legislation Further Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act2009) on or after the day on which Part 5 of the Crimes Legislation Further Amendment Act 2017 comes into operation.

4Jury Directions and Other Acts Amendment Act 2017

(1)The amendments made to this Act by a provision of the Jury Directions and Other Acts Amendment Act 2017 apply to a trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which that provision comes into operation.

(2)Section 4A as inserted by section 3 of the Jury Directions and Other Acts Amendment Act 2017 applies, on and after the commencement of section 3 of that Act, to a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that commencement.

(3)In this section—

specified day means—

(a)for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and

(b)for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and

(c)in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).

5Victims and Other Legislation Amendment Act 2018

(1)The amendments made to this Act by a provision of the Victims and Other LegislationAmendment Act 2018 apply to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the day on which that provision comes into operation; and

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the day on which that provision comes into operation.

(2)In this section—

specified day means—

(a)for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and

(b)for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and

(c)in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).

6Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022

(1)An amendment made to this Act by a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 2; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 2—

if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 2.

(2)An amendment made to section 46 or 47 by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 4; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4—

if the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed on or after the commencement of that provision of Part 4.

(2A)On and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023, subclause (2) no longer applies.

Note

See clause 7(1) for the transitional arrangements that apply to the amendments referred to in subclause (2) on and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023.

(3)For the purposes of subsections (1) and (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of either—

(a)a provision of Part 2 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022; or

(b)a provision of Part 4 of that Act—

it is alleged to have been committed before that commencement.

(4)An amendment made to this Act (other than to section 46 or 47) by a provision of Part 4 of the Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 applies only to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement of that provision of Part 4; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement of that provision of Part 4.

(5)In this section—

specified day means—

(a)for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and

(b)for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and

(c)in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).

7Justice Legislation Amendment Act 2023

(1)On and after the commencement day, an amendment referred to in clause 6(2) applies to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after that day; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that day—

irrespective of when the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed.

(2)An amendment made to this Act by sections 60 and 61 of the Justice Legislation Amendment Act 2023 applies only to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement day; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement day.

(3)In this clause—

commencement day means the day on which Part 8 of the Justice Legislation Amendment Act 2023 comes into operation;

specified day means—

(a)for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and

(b)for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and

(c)in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 March 2015

Legislative Council: 16 April 2015

The long title for the Bill for this Act was "A Bill for an Act to simplify and clarify the law on jury directions in criminal trials and for other purposes."

The Jury Directions Act 2015 was assented to on 12 May 2015 and came into operation as follows:

Sections 1, 2, Part 10 Division 4 (section 80) on 13 May 2015: section 2(1);

Sections 3–44, 48–79, 81, Schedule 1 on 29 June 2015: section 2(4);

Part 5 Division 1 (sections 45–47) on 1 July 2015: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 

See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Jury Directions Act 2015 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Jury Directions Act 2015, No. 14/2015

Assent Date:	12.5.15
Commencement Date:	S. 81 on 20.6.15: s. 2(4)
Note:	S. 81 repealed Pt 10 (ss 69–81) on 29.6.16
Current State:	This information relates only to the provision/s amending the Jury Directions Act 2015

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	Ss 27(2), 28(2)–(4) on 26.9.16: Special Gazette (No. 289) 20.9.16 p. 1; ss 26, 27(1)(3)(4), 28(1), 29, 30 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Crimes Legislation Further Amendment Act 2017, No. 6/2017

Assent Date:	15.3.17
Commencement Date:	Ss 15–17 on 1.4.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Jury Directions and Other Acts Amendment Act 2017, No. 37/2017

Assent Date:	29.8.17
Commencement Date:	Ss 3–10 on 1.10.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:	27.2.18
Commencement Date:	S. 19 on 28.2.18: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Victims and Other Legislation Amendment Act 2018, No. 42/2018

Assent Date:	11.9.18
Commencement Date:	Ss 29–34 on 29.10.18: Special Gazette (No. 480) 16.10.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Sex Work Decriminalisation Act 2022, No. 7/2022 (as amended by No. 38/2022)

Assent Date:	1.3.22
Commencement Date:	S. 70A on 1.12.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	Ss 42–58, 94 on 1.1.23: s. 2(6); ss 15, 16 on 30.7.23: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 60–62 on 11.10.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	S. 835 on 30.9.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Jury Directions Act 2015

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Note to s. 46(2): The amendment proposed by section 43 of the Justice Legislation Amendment (Victims) Act 2018, No. 5/2018 (repealed) is not included in this publication as the words "section 36" do not appear in the note at the foot of section 46(2).

Section 43 reads as follows:

43Jury Directions Act 2015

In the note at the foot of section 46(2) to the Jury Directions Act 2015, for "section 36" substitute "Section 36".