24Abolition of common law rules continues

24 Abolition of common law rules continues

Except as provided by this Division, a trial judge is not required to give the jury a direction regarding evidence because it is evidence of incriminating conduct or may be improperly used as evidence of incriminating conduct.

1 Section 28(3) of the Jury Directions Act 2013 abolished rules of common law based on Edwards v R [1993] HCA 63; (1993) 178 CLR 193 and Zoneff v R [2000] HCA 28; (2000) 200 CLR 234.

2 By virtue of section 14(2)(c) of the Interpretation of Legislation Act 1984 the repeal of section 28 of the Jury Directions Act 2013 by this Act does not revive anything not in force or existing at the time of the repeal.

3 Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

4 Section 28(2) of the Jury Directions Act 2013 has been superseded by sections 61 and 62 of this Act.

Division 2—Other misconduct evidence

25 Application of Division

This Division applies despite any obligation arising from section 95 of the Evidence Act 2008.