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2.2.2 – Charge: Transcripts of Evidence and Addresses

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You are about to be given a transcript of [insert description]. I am giving this to you in order to help you remember the evidence that was given in court. The transcript itself is not evidence.

If parts of the transcript have been removed, add the following shaded section:

You may note that some of the pages are [missing/blank]. Those pages contain a transcript of legal matters discussed in your absence. You do not need to concern yourselves about those matters, as I explained to you earlier.

Do not regard the transcript as infallible. Sometimes the transcribers make mistakes or cannot hear what the witness has said. Counsel and I have checked the transcript for mistakes, but we can be mistaken too. The evidence is what you say it is – not the transcriber or counsel or me. If you see something in the transcript which you regard as wrong, then it is your recollection of what the witness said that is decisive, not the written words on the transcript.

It is important that you consider not only what was said, but how it was said. Your assessment of the witnesses themselves, and not just the words they said, may be of assistance in determining the facts in this case.

The transcript should be kept in the jury room when you are not in court. At the end of the trial you will need to return it to my tipstaff.

 

Last updated: 14 December 2006

See Also

2.2 - Providing Documents to the Jury

2.2.1 - Charge: Explanatory Materials (Charts, Schedules and Chronologies)

2.2.3 - Charge: Transcripts of Taped Evidence