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MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

17. In addition, the court management process must involve explaining to the supporter, the limitation on
their role. For instance, it should be clarified that while they can provide practical emotional help and
support to the witness they cannot express their own views and beliefs concerning the evidence of the
witness and cannot discuss details of the case or the evidence that is to be given, or has been given
18. The court cannot of its own accord decide that a complainant or witness should be considered a
vulnerable witness without application by the prosecution and the court must be careful not to taint its
mind as to vulnerability or the mind of the jury in respect of any witness without proper procedure.

3.0 INDICTABLE OFFENCES

1. Indictable offences are triable in the high court/supreme court but are usually initiated in the magistrates’ court.

2. The first hearing of the matter will typically be a remand hearing in the magistrates’ court shortly after charges
have been brought, usually within 48 hours.

3. Guidelines for the remand hearing have been provided above. The primary consideration for the court is the
need to protect the safety of the virtual complainant from any interference or tampering by the defendant
and to secure the attendance of the defendant at the preliminary inquiry.
4. In indictable proceedings, attention must be given to ensuring that cases move through the criminal process
without undue delay since long delays usually result in re-traumatization of complainants whose healing
and recovery will be set back by having to revisit traumatic details of the sexual offence. It is important to
note that delay can lead to a survivor losing faith in the court process, and therefore refusing to participate,
with the result that some offenders are not brought to justice.

Best Practice - Timelines for Criminal Proceedings - Belize

In Belize, the recent Criminal Proceedings Rules have set specific timelines for all
aspect of criminal proceedings including sexual offences, from the time of arrest to
the disposal of the matter in trial. The new timelines have reduced the length of time
that a sexual offence matter takes before it is adjudicated, reduced the number of
adjournments that are possible as well as reduced the length of time the matter takes
before coming up for trial. This has led to reforms in police investigative practices as
well as court listing practices that have helped complainants to have certainty about
when their matters will be adjudicated. As a result, vulnerable complainants will no
longer have to wait up to four years before their matter is concluded in court and can
begin the process of recovery much sooner.

Source: Regional Consultations – JURIST Project, 2016

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