Text as at 1 July 2026

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237 Comment on departure or failure

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Explained inBill clause 237 EM on clause 237

(1)Subject to subsection (2), the trial judge or, with the leave of the trial judge, a party may make any comment that the trial judge thinks appropriate on—

S. 237(1) amended by No. 48/2012 s. 14(1)(a).

(a)a departure referred to in section 233(1); or

(b)a failure by a party to comply with a requirement of this Chapter or an order made under this Chapter.

S. 237(2)(b) substituted by No. 48/2012 s. 14(1)(b).

(2)The trial judge may grant leave to a party to comment on a departure or failure only if satisfied that—

(a)the proposed comment is relevant; and

(b)the proposed comment is permitted by another Act or a rule of law; and

See section 20 of the Evidence Act 2008.

(c)the proposed comment is not unfairly prejudicial to the party about whom the comment is made.

S. 237(2)(c) inserted by No. 48/2012 s. 14(1)(b).

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