Tasmanian Consolidated Acts
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EVIDENCE ACT 2001 - SECT 165B
Delay in prosecution
(1) This section applies in a criminal proceeding in which there is a
jury.
(2) If the court, on application by the defendant, is satisfied that the
defendant has suffered a significant forensic disadvantage because of the
consequences of delay, the court must inform the jury of the nature of that
disadvantage and the need to take that disadvantage into account when
considering the evidence.
(3) The judge need not comply with subsection (2) if there are good
reasons for not doing so.
(4) It is not necessary that a particular form of words be used in
informing the jury of the nature of the significant forensic disadvantage
suffered and the need to take that disadvantage into account, but the judge
must not in any way suggest to the jury that it would be dangerous or unsafe
to convict the defendant solely because of the delay or the forensic
disadvantage suffered because of the consequences of the delay.
(5) The judge must not warn or inform the jury about any forensic
disadvantage the defendant may have suffered because of delay except in
accordance with this section, but this section does not affect any other power
of the judge to give any warning to, or to inform, the jury.
(6) For the purposes of this section
(a) delay includes delay between the alleged offence and its being reported;
and
(b) significant forensic disadvantage is not to be regarded as being
established by the mere existence of a delay.
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