sec.132BADelay in prosecuting offence

### sec.132BA Delay in prosecuting offence This section applies in relation to a criminal proceeding in which there is a jury. The judge may, on the judge’s own initiative or on the application of a party to the proceeding, give the jury a direction under this section if the judge is satisfied the defendant has suffered a significant forensic disadvantage because of the effects of delay in prosecuting an offence the subject of the proceeding. For subsection (2) , a significant forensic disadvantage is not established by the mere fact of delay in prosecuting the offence. In giving the direction, the judge— must inform the jury of— the nature of the disadvantage; and the need to take the disadvantage into account when considering the evidence; but must not warn or in any way suggest to the jury that— it would be dangerous or unsafe to convict the defendant; or the complainant’s evidence should be scrutinised with great care. However, the judge need not give the direction if there are good reasons for not doing so. The judge must not, other than under this section, give the jury a direction about the disadvantages suffered by the defendant because of the effects of delay in prosecuting the offence. In this section— delay , in prosecuting an offence, includes delay in reporting the offence. s 132BA ins 2020 No. 32 s 39 (sec.132BA-ssec.1) This section applies in relation to a criminal proceeding in which there is a jury. (sec.132BA-ssec.2) The judge may, on the judge’s own initiative or on the application of a party to the proceeding, give the jury a direction under this section if the judge is satisfied the defendant has suffered a significant forensic disadvantage because of the effects of delay in prosecuting an offence the subject of the proceeding. (sec.132BA-ssec.3) For subsection (2) , a significant forensic disadvantage is not established by the mere fact of delay in prosecuting the offence. (sec.132BA-ssec.4) In giving the direction, the judge— must inform the jury of— the nature of the disadvantage; and the need to take the disadvantage into account when considering the evidence; but must not warn or in any way suggest to the jury that— it would be dangerous or unsafe to convict the defendant; or the complainant’s evidence should be scrutinised with great care. (sec.132BA-ssec.5) However, the judge need not give the direction if there are good reasons for not doing so. (sec.132BA-ssec.6) The judge must not, other than under this section, give the jury a direction about the disadvantages suffered by the defendant because of the effects of delay in prosecuting the offence. (sec.132BA-ssec.7) In this section— delay , in prosecuting an offence, includes delay in reporting the offence. - (a) must inform the jury of— (i) the nature of the disadvantage; and (ii) the need to take the disadvantage into account when considering the evidence; but - (i) the nature of the disadvantage; and - (ii) the need to take the disadvantage into account when considering the evidence; but - (b) must not warn or in any way suggest to the jury that— (i) it would be dangerous or unsafe to convict the defendant; or (ii) the complainant’s evidence should be scrutinised with great care. - (i) it would be dangerous or unsafe to convict the defendant; or - (ii) the complainant’s evidence should be scrutinised with great care. - (i) the nature of the disadvantage; and - (ii) the need to take the disadvantage into account when considering the evidence; but - (i) it would be dangerous or unsafe to convict the defendant; or - (ii) the complainant’s evidence should be scrutinised with great care.