New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZR

306ZR Warning to be given by Judge in relation to lack of complaint in certain domestic violence offence proceedings

(1) This section applies if, on the trial of a person for a domestic violence offence, evidence is given or a question is asked of a witness that tends to suggest--

(a) an absence of complaint in respect of the commission of the alleged offence by the person on whom the offence is alleged to have been committed, or

(b) delay by that person in making a complaint.

(2) The Judge--

(a) must warn the jury that absence of complaint or delay in complaining does not necessarily indicate that the allegation that the offence was committed is false, and

(b) must inform the jury that there may be good reasons why a victim of domestic violence may hesitate in making, or may refrain from making, a complaint about a domestic violence offence, and

(c) must not warn the jury that delay in making a complaint is relevant to the victim's credibility unless there is sufficient evidence to justify the warning.

(3) If the trial of the person also relates to a prescribed sexual offence alleged to have been committed by the person against the same victim, the Judge may--

(a) also give a warning under section 294, or

(b) give a single warning to address both types of offences.