237Comment on departure or failure

237 Comment on departure or failure S. 237(1) amended by No. 48/2012 s. 14(1)(a). (1) Subject to subsection (2), the trial judge or, with the leave of the trial judge, a party may make any comment that the trial judge thinks appropriate on— (a) a departure referred to in section 233(1); or (b) a failure by a party to comply with a requirement of this Chapter or an order made under this Chapter. (2) The trial judge may grant leave to a party to comment on a departure or failure only if satisfied that— (a) the proposed comment is relevant; and S. 237(2)(b) substituted by No. 48/2012 s. 14(1)(b). (b) the proposed comment is permitted by another Act or a rule of law; and See section 20 of the **Evidence Act 2008**. S. 237(2)(c) inserted by No. 48/2012 s. 14(1)(b). (c) the proposed comment is not unfairly prejudicial to the party about whom the comment is made. S. 237(3) repealed by No. 48/2012 s. 14(2).