A Longman direction in sexual assault cases involving substantial delay must be cast as a warning (not merely a comment or caution) and must cover six propositions: (1) the complainant's evidence cannot be adequately tested due to the passage of time; (2) it would be dangerous to convict on that evidence alone; (3) the jury may nevertheless act on the evidence if satisfied of its truth and accuracy; (4) the jury must first scrutinise the evidence with great care; (5) that scrutiny must account for circumstances peculiar to the case bearing on truth and accuracy; and (6) every stage of scrutiny must take serious account of the warning. The direction must state that the accused was unable to test and meet the prosecution case (not merely that the accused 'may have been' unable to do so). A trial judge should give a Longman direction unless the time lapse is so small that any reasonable mind would regard it as trifling, and the risk of forensic disadvantage would be seen as 'far-fetched or fanciful'.
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