Direction relating to delay where defendant forensically disadvantaged
34CB Direction relating to delay where defendant forensically disadvantaged
A rule of law or practice obliging a judge in a trial of a charge of an offence to give a warning of a kind known as a Longman warning is abolished.
Note—
See
Longman v The Queen
168 CLR 79
If, in a trial of a charge of an offence, the court is of the opinion that the period of time that has elapsed between the alleged offending and the trial has resulted in a significant forensic disadvantage to the defendant, the judge must—
explain to the jury the nature of the forensic disadvantage; and
direct that the jury must take the forensic disadvantage into account when scrutinising the evidence.
An explanation or direction under subsection (2) may not take the form of a warning and—
must be specific to the circumstances of the particular case; and
must not include the phrase "dangerous or unsafe to convict" or similar words or phrases.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.