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Consultation Paper 4 (2008) - Jury directions


Title

Updates and background for this project (Digest)


In a letter to the Commission received on 16 February 2007, the Attorney General, the Hon R J Debus MP issued the following terms of reference:
      Pursuant to section 10 of the Law Reform Commission Act 1967, the Law Reform Commission is to inquire into and report on directions and warnings given by a judge to a jury in a criminal trial.

      In undertaking this inquiry the Commission should have regard to:

       

        • the increasing number and complexity of the directions, warnings and comments required to be given by a judge to a jury;
        • the timing, manner and methodology adopted by judges in summing up to juries (including the use of model or pattern instructions);
        • the ability of jurors to comprehend and apply the instructions given to them by a judge;
        • whether other assistance should be provided to jurors to supplement the oral summing up;
        • any other related matter.




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