64How explanation may be given

64 How explanation may be given

S. 64(1) amended by No. 38/2022 s. 58(2).

(1) In explaining the phrase "proof beyond reasonable doubt" under section 63, the trial judge may—

(a) refer to—

(i) the presumption of innocence; and

(ii) the prosecution's obligation to prove that the accused is guilty; or

(b) indicate that it is not enough for the prosecution to persuade the jury that the accused is probably guilty or very likely to be guilty; or

(c) indicate that—

(i) it is almost impossible to prove anything with absolute certainty when reconstructing past events; and

(ii) the prosecution does not have to do so; or

(d) indicate that the jury cannot be satisfied that the accused is guilty if the jury has a reasonable doubt about whether the accused is guilty; or

(e) indicate that a reasonable doubt is not an imaginary or fanciful doubt or an unrealistic possibility.

S. 64(2) substituted by No. 38/2022 s. 58(3).

(2) If the trial judge explains the phrase "proof beyond reasonable doubt" in response to a question asked by the jury as described in section 63(5), the trial judge may adapt the explanation to address the particular question asked.

Pt 7 Div. 2 (Heading and ss 64A–64D) inserted by No. 37/2017 s. 9.

Division 2—Perseverance and majority verdicts

S. 64A inserted by No. 37/2017 s. 9.