Criminal Procedure Act 1986 No 209
Current version for 28 October 2014 to date (accessed 29 November 2014 at 09:43)
Chapter 3Part 3Division 6

Division 6 Other provisions relating to trials

158   Transcript of statement in committal proceedings

A transcript of a record of a statement made by an accused person may, unless the court otherwise orders, be given in evidence at the trial of the accused person if it is proved on oath that the record is a true record of the statement made by the accused person and that the transcript is a correct transcript of the record.

159   Opening address to jury by accused person

(1)  An accused person or his or her Australian legal practitioner may address the jury immediately after the opening address of the prosecutor.
(2)  Any such opening address is to be limited generally to an address on:
(a)  the matters disclosed in the prosecutor’s opening address, including those that are in dispute and those that are not in dispute, and
(b)  the matters to be raised by the accused person.
(3)  If the accused person intends to give evidence or to call any witness in support of the defence, the accused person or his or her Australian legal practitioner is entitled to open the case for the defence before calling evidence, whether or not an address has been made to the jury.

160   Closing address to jury by accused person

(1)  An accused person or his or her Australian legal practitioner may address the jury after the close of the evidence for the defence and any evidence in reply by the Crown and after the prosecutor has made a closing address to the jury or declined to make a closing address to the jury.
(2)  If, in the accused person’s closing address, relevant facts are asserted that are not supported by any evidence that is before the jury, the court may grant leave for the Crown to make a supplementary address to the jury replying to any such assertion.

161   Summary by Judge

(1)  At the end of a criminal trial before a jury, a Judge need not summarise the evidence given in the trial if of the opinion that, in all the circumstances of the trial, a summary is not necessary.
(2)  This section applies despite any rule of law or practice to the contrary.
(3)  Nothing in this section affects any aspect of a Judge’s summing up function other than the summary of evidence in a trial.

162   Alternative verdict of attempt on trial for any indictable offence

If, on the trial of a person for any indictable offence, the jury is not satisfied that the person is guilty of the offence, but is satisfied that he or she is guilty of:
(a)  an attempt to commit the offence, or
(b)  an assault with intent to commit the offence,
it may acquit the person of the offence charged and find the person guilty of the attempt or assault, and the person is liable to punishment accordingly.

163   No further prosecution after trial for serious indictable offence where alternative verdict possible

If under any Act a person who is tried for a serious indictable offence may be acquitted of that offence but found guilty of some other offence, the person is not liable to further prosecution on the same facts for that other offence.

164   Joint trial in case of perjury

If:
(a)  a number of persons are severally indicted for perjury or false swearing, and
(b)  the statements alleged to be false:
(i)  are alleged to have been made on the same occasion, before the same court or tribunal and in respect of the same subject-matter, and
(ii)  are in each case to the same effect, whether in identical terms or not,
all of those persons may be tried together, at the same time and before the same jury, provided that each person is to have his or her full right of challenge.
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