3Definitions

3 Definitions

In this Act—

accused has the same meaning as in the Criminal Procedure Act 2009;

alternative offence means an offence in respect of which the jury may, in accordance with any Act or any other law, find the accused guilty if the jury is not satisfied that the accused is guilty of an offence charged;

S. 3 def. of commercial sexual services inserted by No. 38/2022 s. 42, amended by No. 7/2022 s. 70A (as amended by No. 38/2022 s. 59).

commercial sexual services has the same meaning as in section 35 of the Crimes Act 1958;

defence includes an exception, exemption, proviso, excuse or qualification to an offence, whether or not it accompanies any description of the offence in an enactment;

defence counsel means a legal practitioner representing an accused;

direction includes an explanation under section 63 or 64;

S. 3 def. of gender identity inserted by No. 38/2022 s. 42.

gender identity has the same meaning as in the Equal Opportunity Act 2010;

general directions means directions concerning matters relating to the conduct of trials generally, including—

(a) the roles of the trial judge, the jury and counsel; and

(b) the empanelment of a jury and the selection of a foreperson; and

(c) trial procedure; and

(d) the need to decide issues on the basis of admissible evidence only; and

(e) the need to decide each charge separately according to the evidence relating to that charge; and

(f) the assessment of witnesses; and

(g) the presumption of innocence and the burden and standard of proof, including what must be proved beyond reasonable doubt; and

(h) the drawing of conclusions and the distinction between direct and circumstantial evidence; and

(i) jury deliberations and verdicts;

legal practitioner has the same meaning as in the Criminal Procedure Act 2009;

requested direction means a direction that the trial judge is requested to give to the jury under section 12;