S. 237(1) amended by No. 48/2012 s. 14(1)(a).
(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—
(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.
(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
S. 237(2)(b) substituted by No. 48/2012 s. 14(1)(b).
(b) the proposed comment is permitted by another Act or a rule of law; and
See section 20 of the Evidence Act 2008 .
S. 237(2)(c) inserted by No. 48/2012 s. 14(1)(b).
(c) the proposed comment is not unfairly prejudicial to the party about whom the comment is made.
S. 237(3) repealed by No. 48/2012 s. 14(2).
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