Section 2 - Questions of fact

(1) Except as otherwise provided in this or any other enactment in a jury trial a question of fact shall be decided by the jury.

(2) Subsection (1) does not preclude the Court from summing up the evidence to the jury, or from commenting on the weight or credibility of the evidence but the Court shall make it clear to the jury that they are to determine the weight and credibility of the evidence themselves and are not bound by the Court’s summary or comments.

(3) In a trial without a jury, a question of fact shall be decided by the Court.