47CTrial judge must give directions on consent and reasonable belief in consent

47C Trial judge must give directions on consent and reasonable belief in consent

(1) The trial judge must give the jury whichever of the following directions the trial judge considers there are good reasons to give—

(a) a direction on the absence of physical injury, violence or a threat (described in section 47D);

(b) a direction on responses to a non-consensual sexual act (described in section 47E);

(c) a direction on other sexual activity (described in section 47F);

(d) a direction on personal appearance and irrelevant conduct (described in section 47G);

(e) a direction on non-consensual sexual acts between all sorts of people (described in section 47H);

(f) a direction on general assumptions not informing a reasonable belief in consent (described in section 47I).

(2) In determining whether there are good reasons for giving a direction under this section, the trial judge must have regard to the submissions, if any, of the prosecution and defence counsel (or, if the accused is unrepresented, the accused).

(3) If the trial judge is to give a direction under this section, the direction must be given at the earliest time in the trial that the trial judge determines is appropriate.

(4) However, subsection (3) does not prevent the trial judge from giving a direction under this section at any time during the trial, including—

(a) before any evidence is adduced in the trial; and

(b) in the trial judge's summing up to the jury.

(5) A direction under this section may be given—

(a) at the request of the prosecution or defence counsel (or, if the accused is unrepresented, the accused); or

(6) The trial judge may repeat a direction under this section at any time in the trial.