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Evidence Act 2006

Trial process - Corroboration, judicial directions, and judicial warnings

123: Judicial directions about certain ways of offering evidence

You could also call this:

"The Judge explains rules to the jury when evidence is given in an unusual way."

Illustration for Evidence Act 2006

In a criminal trial with a jury, the Judge must give a special direction if something unusual happens with the evidence. You might see a witness give evidence in a different way, or the defendant might not be allowed to ask a witness questions themselves. The Judge must also give this direction if a witness is allowed to remain anonymous.

The Judge's direction is to tell the jury that the law has special rules for how evidence is given or questions are asked in certain situations. The Judge must remind the jury not to think badly of the defendant just because the evidence was given in a special way.

The Judge is making sure the jury understands that the law is being followed, and they should not make any decisions based on how the evidence was presented.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393962.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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122: Judicial directions about evidence which may be unreliable, or

"The Judge warns the jury to be careful with evidence that might not be true."

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124: Judicial warnings about lies, or

"When you might have lied in court, the Judge helps the jury understand what it means"

Part 3Trial process
Corroboration, judicial directions, and judicial warnings

123Judicial directions about certain ways of offering evidence

  1. The Judge must give the direction referred to in subsection (2) if, in a criminal proceeding tried with a jury,—

  2. a witness offers evidence in an alternative way under this Part; or
    1. the defendant is not permitted to personally cross-examine a witness; or
      1. a witness offers evidence in accordance with a witness anonymity order.

        1. The direction required by subsection (1) is a direction to the jury that—

        2. the law makes special provision for the manner in which evidence is to be given, or questions are to be asked, in certain circumstances; and
          1. the jury must not draw any adverse inference against the defendant because of that manner of giving evidence or questioning.