28Direction on other misconduct evidence adduced by accused about a co-accused

28 Direction on other misconduct evidence adduced by accused about a co-accused

(1) The prosecution or counsel for a co-accused may request under section 12 that the trial judge direct the jury on other misconduct evidence adduced by the accused about the co-accused.

(2) In giving a direction referred to in subsection (1), the trial judge must—

(a) identify how the other misconduct evidence is relevant (whether directly or indirectly) to the existence of a fact in issue in the trial and direct the jury not to use the evidence for any other purpose; and

(b) direct the jury that it must not decide the case based on prejudice arising from what the jury has heard about the co-accused.

(3) In giving a direction referred to in subsection (1), the trial judge need not—

(a) explain further what the jury should consider in deciding whether to use the other misconduct evidence; or

(b) identify impermissible uses of the other misconduct evidence; or

(c) refer to any other matter.

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.