QLDIn ForceAct
Evidence Act 1977
sec.103ZQWhen directions under subdivisions 3 and 4 must be given
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### sec.103ZQ When directions under subdivisions 3 and 4 must be given
The judge must give any 1 or more of the directions set out in subdivision 3 in the criminal proceeding—
if there is a good reason to give the direction; or
if requested to give the direction by a party to the proceeding, unless there is a good reason not to give the direction.
If the judge is to give a direction under subdivision 3 or 4 , the direction must be given at the earliest time in the criminal proceeding that the judge determines is appropriate.
However, subsection (2) does not prevent the judge from giving a direction under subdivision 3 or 4 at any time during the criminal proceeding, including—
before any evidence is adduced in the proceeding; and
in the judge’s summing up to the jury.
The judge may repeat a direction under subdivision 3 or 4 at any time in the criminal proceeding.
The judge is not required to use a particular form of words in giving a direction under subdivision 3 or 4 .
s 103ZQ ins 2024 No. 5 s 59
(sec.103ZQ-ssec.1) The judge must give any 1 or more of the directions set out in subdivision 3 in the criminal proceeding— if there is a good reason to give the direction; or if requested to give the direction by a party to the proceeding, unless there is a good reason not to give the direction.
(sec.103ZQ-ssec.2) If the judge is to give a direction under subdivision 3 or 4 , the direction must be given at the earliest time in the criminal proceeding that the judge determines is appropriate.
(sec.103ZQ-ssec.3) However, subsection (2) does not prevent the judge from giving a direction under subdivision 3 or 4 at any time during the criminal proceeding, including— before any evidence is adduced in the proceeding; and in the judge’s summing up to the jury.
(sec.103ZQ-ssec.4) The judge may repeat a direction under subdivision 3 or 4 at any time in the criminal proceeding.
(sec.103ZQ-ssec.5) The judge is not required to use a particular form of words in giving a direction under subdivision 3 or 4 .
- (a) if there is a good reason to give the direction; or
- (b) if requested to give the direction by a party to the proceeding, unless there is a good reason not to give the direction.
- (a) before any evidence is adduced in the proceeding; and
- (b) in the judge’s summing up to the jury.