Page 633 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

6. The court may also need to give a direction to the jury, where a legal representative has been appointed
to cross-examine for an otherwise unrepresented defendant, that the appointment of such a person is a
standard procedure and no adverse inferences should be drawn against the defendant.
7. The court should prevent any questions being asked which are designed to raise irrelevant scandal and
simply to cause embarrassment

Best Practice – Prohibiting the cross examination
of a Vulnerable Witness by the Accused – UK

The Youth Justice and Criminal Evidence Act 1999 prohibits the cross-examination of
a complainant in a sexual offence case by the accused in person and places restrictions
on the types of questions that may be asked by the accused legal representative in cross
examination. If the accused cannot afford legal representation to conduct his or her
defence, legal representation is provided for him or her. There is a general prohibition
on evidence adduced or questions asked on behalf of the accused about any sexual
behavior of the complainant without leave of the court. The court may give leave if it is
satisfied that the evidence or question relates to specified instances of sexual behavior,
relevant to an issue in the case and where refusal of leave may lead to a miscarriage of
justice. The effect of this is to prevent re-victimization of the complainant by having
to face questions directly from the accused or having to endure embarrassing lines of
questions that may not have any probative value.

4.3 GENERAL GUIDELINES FOR APPEARANCE OF EXPERT WITNESSES

1. In sexual offence cases, the expert most likely to be called is a medical professional. In some jurisdictions,
the personal attendance of the medical examiner is not required and copies of the medical certificate
recording the injuries present on the complainant can be submitted in court.

2. At the case management hearing, the court will give directions for the attendance of experts and the
submission of expert testimony.

3. While the order of appearance of witnesses will be determined by the prosecution or the defence, the
court shall ensure that the order is established during the case management hearing and give due
consideration to any vulnerable witness needs.

34 | GUIDELINES FOR THE TRIAL PROCESS