Jury Directions and Other Acts Amendment Act 2017
No. 37 of 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Jury Directions Act 2015
3New section 4A inserted
4Direction on significant forensic disadvantage
5New Divisions 7, 8, 9 and 10 of Part 4 inserted
6Prohibited statements and suggestions in relation to complainants
7New Division 3 of Part 5 inserted
8New Division heading inserted in Part 7
9New Divisions 2 and 3 of Part 7 inserted
10Schedule 1 amended
Part 3—Amendment of Criminal Procedure Act 2009
11Jury documents
12New section 223A inserted
13Repeal of provisions relating to giving of evidence
14Section 377 substituted
15New section 448 inserted
16Statute law revision
Part 4—Amendment of Evidence Act 2008
17Exception—criminal proceedings if maker available
18New Part 7 of Schedule 2 inserted
Part 5—Amendment of Evidence (Miscellaneous Provisions) Act 1958
19Section 42V repealed
20New section 166 inserted
Part 6—Amendment of Juries Act 2000
21Peremptory challenges in criminal trials
22Failure to reach unanimous verdict in criminal trials
23Schedule 6 amended
Part 7—Repeal of amending Act
24Repeal of amending Act
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Endnotes
1 General information
Jury Directions and Other Acts Amendment Act 2017
No. 37 of 2017
[Assented to 29 August 2017]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Jury Directions Act 2015 in relation to—
(i)criminal proceedings that do not involve a jury; and
(ii)directions on evidence of a previous representation; and
(iii)directions on doubts regarding the truthfulness or reliability of the evidence of a victim; and
(iv)directions on the giving of evidence by an accused; and
(v)directions on the interest an accused or a witness has in the outcome of a trial; and
(vi)directions on a prosecution witness's motive to lie; and
(vii)directions about differences in a complainant's account of an alleged sexual offence; and
(viii)directions about majority verdicts and persevering to reach a unanimous verdict; and
(ix)directions about the order in which certain matters are considered in jury deliberations; and
(b)to amend the Criminal Procedure Act 2009—
(i)to repeal provisions relating to an exception to the hearsay rule and the giving of evidence by alternative means; and
(ii)to make further provision in relation to documents that are given to juries; and
(c)to amend the Evidence Act 2008 in relation to an exception to the hearsay rule; and
(d)to amend the Evidence (Miscellaneous Provisions) Act 1958 to repeal provisions relating to the giving of evidence by alternative means; and
(e)to amend the Juries Act 2000 in relation to—
(i)peremptory challenges in criminal trials; and
(ii)the failure of a jury to reach a unanimous verdict; and
(f)to make minor amendments of a statute law revision nature.
2Commencement
(1)Sections 21 and 23 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into…