New Jury Direction Process to Make Victorian Trials Fairer
Wednesday 8 July 2015 @ 10.07 a.m. | Legal Research
On 29 June 2015, the Jury Directions Act 2013 was replaced by the Jury Directions Act 2015. The 2015 Act preserves most of the principles from the 2013 Act and includes new evidentiary directions. The new jury direction process introduced will have the aim of making criminal trials in the state more efficient. The aim of the new process is to enable judges to provider clearer and simpler direction that will lead to a reduction in judicial errors and consequently appeals and retrials.
In addition to increasing confidence that jury verdicts are based on a proper understanding of the law, the changes are also expected to reduce court delays. In essence, the Act will continue the overall effect of its predecessor, with some refinements to further clarify the obligations of the parties and the trial judge about:
- other misconduct evidence, such as tendency and coincidence evidence
- unreliable evidence
- identification evidence
- delay and forensic disadvantage
- the failure to give or call evidence
- delay and credibility
- what must be proved beyond reasonable doubt.
It will also provide additional protection for victims of sexual assault by prohibiting judges or parties from suggesting that complainants might be unreliable, based on the timing of when they reported the attack.
Clearer directions from the trial judge would ensure that jurors are aware of the issues they need to consider. This in turn would make trials fairer for the community, the accused and victims of the crime.
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