Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JURY DIRECTIONS AND OTHER ACTS AMENDMENT ACT 2017 (NO. 37 OF 2017) - SECT 3

New section 4A inserted

After section 4 of the Jury Directions Act 2015 insert

        " 4A     Application 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

        (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.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback