In cases of lengthy delay (here approximately 7½ years), a Longman warning must be given to the jury regardless of whether the trial judge considers the forensic disadvantage has been adequately ventilated by counsel. The Longman warning requirement is not confined to sexual assault cases. Rule 57 of the Criminal Procedure Rules 2005 (WA), which permits the prosecution to obtain criminal record information about jurors from police for the purpose of exercising peremptory challenges, is a valid exercise of rule-making power and does not deprive an accused of a fair trial.
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