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2.1.1 – Charge: Views

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When to give this charge

This charge should be given before going on a view. Upon returning to court, it is advisable to sum-up, in the presence of the jury, what transpired and summarise these directions.

You will shortly be taken to [an inspection / see a demonstration / see an experiment] at [insert location]. You will be accompanied by [identify all those who will attend the view, such as the judge, counsel for the parties, the accused, and any jury keepers].

The purpose of this [inspection / demonstration / experiment] is to assist you to better understand the evidence of the witnesses. You may also use your observations as evidence in the case and as part of your discussions. You are entitled to draw any reasonable inferences from what you see, hear or otherwise notice during the [inspection / demonstration / experiment]. Later in the trial I will give you directions about the need for care when drawing inferences from evidence. [1]

During the [inspection / demonstration / experiment], you must not discuss the case in any circumstances where you can be overheard by anyone other than your fellow jurors. Remember that all jury discussions must take place in the privacy of the jury room.

Do not speak to anyone other than a fellow juror or a court officer, and do not let anyone other than these people speak to you. If you have a question concerning the [inspection / demonstration / experiment], you should write it down and give it to my tipstaff, who will pass it to me.

At the start of the trial, I told you that you must not make any private investigations or enquiries about this case, and that it is a criminal offence to do so. You are jurors and not investigators. That direction still applies, and means that you must not visit the [describe view location] a second time. All [inspections / demonstrations / experiments] must be conducted under court supervision.

Notes

[1] If the judge has already directed the jury about drawing inferences, this paragraph must be modified accordingly.

Last updated: 30 November 2015

See Also

2.1 - Views