Victorian Numbered Acts Victorian Numbered Acts(1) For section 61(1)(b) of the Crimes Act 1958 substitute —
"(b) if evidence is given or a question is asked of a witness or a statement is made in the course of an address on evidence which tends to suggest that there was delay in making a complaint about the alleged offence by the person against whom the offence is alleged to have been committed, the judge—
(i) must inform the jury that there may be good reasons why a victim of a sexual assault may delay or hesitate in complaining about it; and
(ii) must not warn, or suggest in any way to, the jury that the credibility of the complainant is affected by the delay unless, on the application of the accused, the judge is satisfied that there is sufficient evidence tending to suggest that the credibility of the complainant is so affected to justify the giving of such a warning; and
(iii) must not warn, or suggest in any way to, the jury that it would be dangerous or unsafe to find the accused guilty because of the delay.".
(2) After section 61(1) of the Crimes Act 1958 insert —
"(1A) If the judge, on the application of the accused in a proceeding to which sub-section (1) applies, is satisfied that the accused has suffered a significant forensic disadvantage because of the consequences of the delay in making a complaint about the alleged offence by the person against whom the offence is alleged to have been committed, the judge must, in any terms that the judge considers appropriate having regard to the circumstances of the case—
(a) inform the jury of the nature of the forensic disadvantage suffered by the accused; and
(b) instruct the jury to take that disadvantage into consideration.
(1B) Despite sub-section (1A), a judge must not warn, or suggest in any way to, the jury that it would be dangerous or unsafe to find the accused guilty because of the delay.
(1C) For the purposes of sub-section (1A), the
passage of time alone is not to be taken to cause a significant forensic
disadvantage.
s. 3
(1D) Nothing in sub-section (1A) requires a judge to give a warning referred to in that sub-section if there is no reason to do so in the particular proceeding.
(1E) A judge must not give a warning referred to in sub-section (1A) or a warning to the effect of a warning referred to in sub-section (1A) except in accordance with this section and any rule of law to the contrary is hereby abrogated.
(1F) Nothing in sub-sections (1A) to (1E) affects the power of a judge to give any other warning to, or to otherwise inform, the jury.".