A new paper by the College’s Matt Weatherson, explains how the Jury Directions Act 2015 (Vic) (‘JDA’) applies in the Magistrates' Court. The paper, titled "Magistrates and the Jury Directions Act", was presented at the Magistrates' Court Conference in July 2023.
The paper focuses on section 4A of the JDA, which extends the provisions of the Act to non-jury proceedings, including in the Magistrates' Court. This means that magistrates' reasoning in summary hearings and committal proceedings must be consistent with how a jury would be directed.
The paper discusses:
- The statements, suggestions, and directions that trial judges are prohibited from giving under section 4A(2)(b). These prohibitions also extend to magistrates, limiting them from adopting certain modes of reasoning in their decisions, including general assumptions about certain classes of witnesses.
- The matters covered in Parts 4, 5, 6, and 7 of the JDA, which necessitate magistrates' reasoning to align with the prescribed directions.
- Two College resources designed to assist magistrates in fulfilling their obligations under the JDA.
The paper highlights the need for magistrates to understand and apply the Act’s provisions in their decision-making processes.
We encourage you to access the full paper to gain insights into how this legislative framework operates in the Magistrates’ Court of Victoria.
Feature image: Matt Weatherson, Judicial Information Advisor, Judicial College