QLDIn ForceAct
Evidence Act 1977
sec.21AZUInstructions to be given to jury
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### sec.21AZU Instructions to be given to jury
This section applies in relation to a relevant proceeding on indictment if a witness’s evidence in the proceeding is given under section 21AZT (2) (a) or (b) .
The judge presiding at the relevant proceeding must instruct the jury that—
the jury should not draw any inference as to the defendant’s guilt from the use of the intermediary; and
the probative value of the evidence of the witness is not increased or decreased because of the use of the intermediary; and
the evidence of the witness is not to be given any greater or lesser weight because of the use of the intermediary.
However, the judge must not give an instruction under subsection (2) (b) or (c) if the judge is satisfied it would not be in the interests of justice to give the instruction.
s 21AZU ins 2020 No. 32 s 44
(sec.21AZU-ssec.1) This section applies in relation to a relevant proceeding on indictment if a witness’s evidence in the proceeding is given under section 21AZT (2) (a) or (b) .
(sec.21AZU-ssec.2) The judge presiding at the relevant proceeding must instruct the jury that— the jury should not draw any inference as to the defendant’s guilt from the use of the intermediary; and the probative value of the evidence of the witness is not increased or decreased because of the use of the intermediary; and the evidence of the witness is not to be given any greater or lesser weight because of the use of the intermediary.
(sec.21AZU-ssec.3) However, the judge must not give an instruction under subsection (2) (b) or (c) if the judge is satisfied it would not be in the interests of justice to give the instruction.
- (a) the jury should not draw any inference as to the defendant’s guilt from the use of the intermediary; and
- (b) the probative value of the evidence of the witness is not increased or decreased because of the use of the intermediary; and
- (c) the evidence of the witness is not to be given any greater or lesser weight because of the use of the intermediary.