The Criminal Trial Courts Bench Book is published to assist Supreme and District Court judges in ensuring criminal trials are fair and conducted in accordance with the law.
It contains legal commentary on common offences, procedural requirements, and evidentiary issues that may arise in a criminal trial. It also provides suggested directions and summing-up to the jury, to be tailored appropriately to the circumstances of each case. The principal purpose of the directions and summing-up is to clearly explain to the jury, the legal principles relevant to the performance of their task and to relate those principles to the facts of the particular case.
The contents of the Bench Book are drafted by Judicial Commission staff in consultation with a committee of senior judicial officers. It is not mandatory for judges to follow the model directions, however they are a useful tool in court because they efficiently condense legal principle into an accessible template and assist in eliminating error on the part of trial judges. The Bench Book also informs legal representatives of likely jury directions so they can prepare and make submissions on them.
Practitioners, researchers and students may also find the Bench Book useful for understanding the law in respect of criminal trials. However, when utilising the Bench Book it should always be borne in mind that the directions are not intended to constitute an authoritative or comprehensive statement of the law and reflect the law as it stands at the time of publication. Reference should always be made to primary sources such as legislation and relevant case law.
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Current and previous print-ready loose-leaf updates can be downloaded below in PDF format. Filing instructions are contained within each update and should be filed in order of update number.