54KDirection on whether complainant is distressed or emotional while giving evidence

54K Direction on whether complainant is distressed or emotional while giving evidence

(1) If the complainant is to give evidence, the trial judge must direct the jury in accordance with subsection (5) unless there are good reasons for not doing so.

A good reason may be that, while there is no question that a sexual offence was committed, the main fact in issue is whether the accused is the offender. In those circumstances, the jury may not need to assess the truthfulness of the complainant's evidence.

(2) The trial judge must give the direction before the complainant gives evidence unless there are good reasons for not doing so.

(3) In determining whether there are good reasons for—

(a) not giving the direction at all; or

(b) not giving the direction before the complainant gives evidence—

the trial judge must have regard to the submissions, if any, of the prosecution and defence counsel (or, if the accused is unrepresented, the accused).

(4) The trial judge may repeat a direction under this section at any time in the trial.

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

(a) because trauma affects people differently, some people may show obvious signs of emotion or distress when giving evidence about a sexual offence, while others may not; and

(b) both truthful and untruthful accounts of a sexual offence may be given with or without obvious signs of emotion or distress.