Data collection – s 126A Evidence Act directions

Trial date (can be general, e.g early 2024) *

Court *

District Court
High Court

Court location

Judge

Defendants *

1
2
more than 2

Complainants *

1
2 or more – some or all related, or known to one another
2 or more independent

Charges (one or more) *

Scenario (one or more)

Issues (one or more)

Were there discussions or applications or objections relating to directions BEFORE evidence was called by the Crown?

Yes – judge or Crown-initiated
Yes – defence counsel-intitiated
No

Were there discussions or applications or objections relating to directions BEFORE defendant made election to give or call evidence?

Yes – judge or Crown-initiated
Yes – defence counsel-intitiated
No

Were there discussions or applications or objections relating to directions after defendant made election to give or call evidence but BEFORE defence closing address

Yes – judge or Crown-intitated
Yes – defence counsel-initiated
No

Briefly describe the discussions or applications or objections from the last three questions

Did you have the opportunity to make submissions on which (if any) of the s 126A directions were to be given by the judge to the jury?

Yes – there was scope for a proper discussion, including the content of directions to be given
Yes – but only as to fact of direction
No

Briefly describe the process of discussing the directions

Which s 126A directions were given to the jury? *

Were the directions given:

Well tailored to the facts of the case
Taken directly from the IJS paper
A mixture of the two

Some of the directions are similar to already common directions (e.g. reasons for delay in complaining, demeanor). Which directions were given that you consider would not have been given but for s 126A and the new directions guidelines?

How do you think the directions given impacted on the defence being presented?

What was the outcome of the trial?

All guilty verdicts
All not guilty verdicts
A mixture of verdicts and hung results

Counsel legal aid number and cryptic reference to allow your recall of this case (e.g. 1234, trial invoice finalised on 12/9/023)

If you would like to give more information about issues with the directions in this case, or speak with a senior practitioner about an appeal based on them, please leave your email address here, and we will contact you.