52Direction on delay in complaint or lack of complaint

52 Direction on delay in complaint or lack of complaint

(1) If, before any evidence is adduced in the trial and after hearing submissions from the prosecution and defence counsel (or, if the accused is unrepresented, the accused), the trial judge considers that there is likely to be evidence in the trial that suggests that the complainant delayed in making a complaint or did not make a complaint, the trial judge—

(a) must direct the jury in accordance with subsection (4) before any evidence about delay in making a complaint or lack of complaint is adduced; and

(2) If, at any other time during the trial, the trial judge considers that there is evidence in the trial that suggests that the complainant delayed in making a complaint or did not make a complaint, the trial judge must direct the jury in accordance with subsection (4) as soon as is practicable.

S. 52(2A) inserted by No. 38/2022 s. 52(1).

(2A) A direction under this section may be given—

(4) In giving a direction under this section, the trial judge must inform the jury that experience shows that—

(a) people may react differently to sexual offences and there is no typical, proper or normal response to a sexual offence; and

(b) some people may complain immediately to the first person they see, while others may not complain for some time and others may never make a complaint; and

S. 52(4)(c) amended by No. 38/2022 s. 52(2).

(c) delay in making a complaint in respect of a sexual offence is a common occurrence; and

S. 52(4)(d) inserted by No. 38/2022 s. 52(3).

(d) there may be good reasons why a person may not complain, or may delay in complaining, about a sexual offence.

S. 52(4A) inserted by No. 38/2022 s. 52(4).

(4A) In giving a direction under this section, the trial judge may give an example of a good reason referred to in subsection (4)(d).

S. 52(4B) inserted by No. 38/2022 s. 52(4).

(4B) An example given in accordance with subsection (4A) need not be based on the evidence given in the trial.

S. 52(5) amended by No. 42/2018 s. 31.

(5) This section does not limit what the trial judge may include in any other direction to the jury in relation to evidence given by an expert witness.

S. 53 repealed by No. 38/2022 s. 53.