Page 641 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

changes in attitude or behavior, mental health and impact on lifestyle. The victim impact statement can
also highlight on-going medical needs, STDs or any other result of the offence. The court must not allow
the victim impact statement to contain false statements or be used to threaten the prisoner or anyone else.
6. The victim impact statement may also contain pictures or other visual representation. In addition, the court
can give direction to allow the victim impact statement to be submitted as a video recording or audio
recording if appropriate.

7. Practice directions may be issued to create a standard form for the victim impact statement.

5.4 OTHER ORDERS THAT MAY BE MADE AT SENTENCING

1. The court may also consider whether ancillary orders need to be made such as:
a. Orders barring contact between the offender’s family and the complainant.

b. Compensation or restitution payments to the complainant.
c. Confiscation of property such as a financial benefit derived from the offence, such as publishing private
images or disseminating child pornography.
d. Deprivation or destruction of property such as equipment used in the commission of the crime, for
example a phone or computer or car
e. Directions relating to the listing of the offender’s name on a sexual offender’s register.
2. In respect of an adult complainant in a relationship involving domestic violence, the court should also
consider the need for other family matters such other orders that may be needed to assist in recovery or
to extend protection and care and support to the complainant.

5.5 SEXUAL OFFENDERS REGISTER

1. In some jurisdictions, there are provisions for a sexual offenders’ register in the sexual offences legislation.
The legislation may designate that convicted persons in all or specific offences will be registered It is
recommended that a sexual offence register should contain primarily convictions of serious sexual
offences and make a further provision for application to be made by the D.P.P. in special circumstances for
non-serious sexual offences where the public interest would require that due to prevalence of the crime
or for serial offenders.

42 | GUIDELINES FOR THE TRIAL PROCESS