Page 635 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

The court, in collaboration with the relevant agencies, should provide an orientation video for orientating
witnesses with the proceedings of court and the use of special measures in court.

4. Judges and magistrates are expected to take an active role in the management of cases involving
vulnerable and intimidated witnesses, and to ensure that elements of the court process that cause undue
distress to such witnesses are minimised.
5. On-going support may also include referring the vulnerable witness to psychotherapy or counseling
therapies, from the outset in the magistrates’ court. Attention needs to be paid to how such therapy may
become relevant during the trial.
6. If the court has approved the use of an intermediary to assist the witness, then that intermediary will be
present to assist the witness in communicating their evidence to the court, but not as a supporter.
7. The role of an intermediary is separate from that of the court supporter and they should be available
during pre-trial preparation to assist in the preparation of the witness. An intermediary will usually have
undertaken an assessment of a vulnerable witness at an early stage in the proceedings, and may be asked
to provide a report for the judge, the prosecution and the defence. This report should highlight matters
such as limited concentration spans and times when the witness appeared to be experiencing trauma.

8. Where the court has made an order establishing a measure specifically to protect a witness during the
pre-trial stages, such a measure should be continued during the trial process.

4.5 SUPPORT AND CARE OF COMPLAINANTS POST-TRIAL

1. A complainant or other witness who was declared a vulnerable witness during the trial may need on-going
care and support after the termination of the proceedings. The prosecutor ought to arrange on-going
care services but where social workers or other support personnel are attached to the court, the court may
make a referral to such personnel for care and support services to be provided to the vulnerable witnesses
after the termination of the proceedings, where it is deemed appropriate to do so.

2. In addition, where an accused person has been held on remand for an extended period for a sexual
offence and then acquitted of the charges, the court may make a referral to assist with reintegration into
the community.
3. Whenever the court deems fit, it may authorize continued protection for a vulnerable complainant, witness,
or defendant in order to prevent reprisals.
4. Where required, and this applies in particular in the magistrate’s court, a verdict or decision shall be explained
clearly and carefully so that both the complainant and the defendant can understand the outcome.

5. Special care may be needed to ensure that complainants from indigenous communities or persons with a
disability are referred to further therapeutic services and that care services are extended to them beyond
the completion of the trial, especially where the court is of the view that the person may have difficulty
reintegrating into their community.

36 | GUIDELINES FOR THE TRIAL PROCESS