Page 634 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

4. Typically, the expert has had previous experience giving evidence in court and has been prepared by the
prosecutor or the defence before the trial on such issues as:

a. Looking professional and dressing accordingly.
b. Avoiding using difficult words, for example, medical jargon. When such language is unavoidable, the
terminology should be explained. As far as possible, use plain language.
c. Being mindful not to go outside of their expertise, and therefore indicating when they are not in a
position to offer opinion.
d. Treating legal practitioners with respect even if not in agreement with their opinions or tactics.
e. Distinguishing between what is a factual statement and what is an opinion in their responses.

Best Practice - Attendance of Expert - Guyana

Under the Evidence Act, the medical certificate of the forensic medical examiner is
admissible, and there is no need for a stamp or a seal, even a photocopy can be admitted.
This removes the need for personal appearance of the expert to admit documents.

Source: Regional Consultations – JURIST Project, 2016

4.4 ONGOING CARE AND PROTECTION OF

VULNERABLE WITNESSES DURING THE TRIAL

1. A complainant or other witness, who has been declared a vulnerable witness, will need continued care
and support during the court process, particularly if the witness has been identified as vulnerable or liable
to intimidation. Care and support units will continue their work to provide care and support as well as
other practical help for witnesses, such as help with transport to get to court and liaison with the courts
over any disabilities or other special needs. They also facilitate effective communication with the police,
the child protection services, D.P.P. and legal representatives as required.
2. If there is no specific care and support unit, this may be done by the investigating officer or liaison officer or
a supporter from an NGO or other agency already recognized or appointed to provide support services.
3. However, the court appointed supporter can provide the witness with information about the court process.

GUIDELINES FOR THE TRIAL PROCESS | 35