Page 642 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

2. The main purpose of a sexual offenders’ register is to help police services prevent and investigate sex
crimes by giving police agencies access to a data bank containing confidential personal information
about convicted sex offenders, particularly their residences, to track and inhibit sex offences.
3. The court may make the order at the time of sentencing for the defendant to register or the prosecutor
may apply after sentencing for orders for registration.
4. When the order is made for registration of the offender, the court shall also give directions for the date by
which the defendant should register to his or her nearest police station.
5. The court shall also consider, in giving directions for registration, the duration of the registration, and
whether the defendant will also be required to register for other crimes that surrounded the commission
of the sexual offence such as breaking and entering or trespassing where these were done with the intent
to commit the sexual offence for which the defendant has been convicted.
6. Where the legislation makes a distinction between adult sex offenders and child sex offenders, the
legislation will often exempt children from registration. If the legislation does not specifically include
children, the court should determine whether the hardship that will be caused to the child will outweigh
the interest of justice that will be served by the child being registered.

7. The court shall also give directions that the offender should notify the police of all changes of address, and
sometimes to reconfirm their current address each year, and the court shall explain that non-compliance
attracts a criminal sanction.

Best Practice – Sexual Offences Registry - Canada

The Protecting Victims from Sex Offenders Act SC 2010 now allows for automatic
inclusion of convicted offenders in the Registry, mandatory DNA sampling of sex
offenders, registration of sex offenders convicted abroad, notifications to other police.
The registry is not accessible by the public and is restricted to police officers allowing
all police services to search the registry and can use the information to notify other
police when sex offenders are traveling to their area. Offenders convicted of more than
one sexual offence remain on the register for life. Offenders are required to notify
police of any change in address, work, vehicle they own or use. The registry also
includes information about the offender’s method of operating to assist other police
officers investigating crime.

Source: Public Safety Canada website, 2017. Retrieved from http://www.publicsafety.
gc.ca/cnt/cntrng-crm/crrctns/protctn-gnst-hgh-rsk-ffndrs/ntnl-sx-ffndr-rgstr-en.aspx

GUIDELINES FOR THE TRIAL PROCESS | 43