Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-24

382. Jury warning as to recorded evidence of complainant

382. Jury warning as to recorded evidence of complainant

If a recording is admitted into evidence under section 381, the trial judge must warn the jury—

(a) that no adverse inference may be drawn against the accused as a result of the evidence being recorded; and

(b) that the evidence of the complainant is not to be given any greater or lesser weight as a result of the evidence being recorded.

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2010-01-23

361. Jury warning concerning alternative arrangements

361. Jury warning concerning alternative arrangements

If the court directs that alternative arrangements be made for the giving of evidence by a witness, the trial judge must warn the jury not to draw any inference adverse to the accused or give the evidence any greater or lesser weight because of the making of those arrangements.

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358. Jury warning concerning legal representation for cross-examination

358. Jury warning concerning legal representation for cross-examination

If the accused is only legally represented for the cross-examination of a protected witness, the trial judge must warn the jury—

(a) that it is routine practice for an unrepresented accused to obtain or be provided with legal representation for the cross-examination of a protected witness; and

(b) that no adverse inference may be drawn against the accused as a result of the cross-examination not being conducted by the accused in person; and

(c) that the evidence given under cross-examination is not to be given any greater or lesser weight as a result of the cross-examination not being conducted by the accused in person.

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