63Trial judge must explain "proof beyond reasonable doubt"

63 Trial judge must explain "proof beyond reasonable doubt"

(1) The trial judge must give the jury an explanation of the phrase "proof beyond reasonable doubt" unless there are good reasons for not doing so.

(2) The trial judge must give the explanation before any evidence is adduced in the trial unless there are good reasons for not doing so.

(3) In determining whether there are good reasons for—

(a) not giving the explanation at all; or

(b) not giving the explanation before any evidence is adduced in the trial—

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).

(4) If the trial judge determines that there are good reasons for not giving the jury the explanation before any evidence is adduced in the trial, the trial judge must give that explanation to the jury at the earliest time in the trial that the trial judge determines is appropriate.

(5) The trial judge may also give the jury the explanation if the jury asks the trial judge—

(a) a direct question about the meaning of the phrase "proof beyond reasonable doubt"; or

(b) a question that indirectly raises the meaning of that phrase.

(6) The trial judge may repeat an explanation given under this section at any time in the trial.

(7) In repeating an explanation given under this section, the trial judge is not required to give that explanation in exactly the same way that it was first given.

(8) Nothing in this section limits any other power of the trial judge to give the jury an explanation of the phrase "proof beyond reasonable doubt".

S. 64 (Heading) amended by No. 38/2022 s. 58(1).