293ADirection may be given by Judge if differences in complainant’s account

#### 293A Direction may be given by Judge if differences in complainant’s account 293A Direction may be given by Judge if differences in complainant’s account > > (1) This section applies if, on the trial of a person for a prescribed sexual offence, the Judge, after hearing submissions from the prosecution and the accused person, considers that there is evidence that suggests a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability. > > > (2) In circumstances to which this section applies, the Judge may direct the jury— > > > > > (a) that experience shows— > > > > > > > (i) people may not remember all the details of a sexual offence or may not describe a sexual offence in the same way each time, and > > > > > > > (ii) trauma may affect people differently, including affecting how they recall events, and > > > > > > > (iii) it is common for there to be differences in accounts of a sexual offence, and > > > > > > > (iv) both truthful and untruthful accounts of a sexual offence may contain differences, and > > > > > (b) that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability. > > > (2A) A judge may, as the judge sees fit— > > > > > (a) give a direction in this section at any time during a trial, and > > > > > (b) give the same direction on more than 1 occasion during a trial. > > > (3) In this section— > > > > difference in an account includes— > > > > > (a) a gap in the account, and > > > > > (b) an inconsistency in the account, and > > > > > (c) a difference between the account and another account. > > **s 293A:** Ins 2018 No 33, Sch 4 \[10\]. Am 2021 No 43, Sch 2\[6\]–\[8\].