QLDIn ForceAct
Evidence Act 1977
sec.21AWInstructions to be given to jury
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### sec.21AW Instructions to be given to jury
This section applies to a proceeding on indictment if any of the following measures is taken—
an affected child’s evidence is taken in a way provided for under subdivision 3 or 4 ;
a person is excluded under section 21AU while an affected child gives evidence or the evidence of an affected child is presented;
an affected child has a support person under section 21AV while the child gives evidence.
The judicial officer presiding at the proceeding must instruct the jury that—
the measure is a routine practice of the court and that they should not draw any inference as to the defendant’s guilt from it; and
the probative value of the evidence is not increased or decreased because of the measure; and
the evidence is not to be given any greater or lesser weight because of the measure.
s 21AW ins 2003 No. 55 s 60
amd 2017 No. 6 s 35 ; 2020 No. 15 s 78
(sec.21AW-ssec.1) This section applies to a proceeding on indictment if any of the following measures is taken— an affected child’s evidence is taken in a way provided for under subdivision 3 or 4 ; a person is excluded under section 21AU while an affected child gives evidence or the evidence of an affected child is presented; an affected child has a support person under section 21AV while the child gives evidence.
(sec.21AW-ssec.2) The judicial officer presiding at the proceeding must instruct the jury that— the measure is a routine practice of the court and that they should not draw any inference as to the defendant’s guilt from it; and the probative value of the evidence is not increased or decreased because of the measure; and the evidence is not to be given any greater or lesser weight because of the measure.
- (a) an affected child’s evidence is taken in a way provided for under subdivision 3 or 4 ;
- (b) a person is excluded under section 21AU while an affected child gives evidence or the evidence of an affected child is presented;
- (c) an affected child has a support person under section 21AV while the child gives evidence.
- (a) the measure is a routine practice of the court and that they should not draw any inference as to the defendant’s guilt from it; and
- (b) the probative value of the evidence is not increased or decreased because of the measure; and
- (c) the evidence is not to be given any greater or lesser weight because of the measure.