Page 619 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

4. If bail is granted, the court may impose conditions on the defendant’s bail. Conditions that the court can
impose include requirements not to make contact with any named person or to keep away from certain
areas. In making the conditions, the court will consider information provided by the police about the fears
a complainant or witness may have.

5. The court must be mindful that the complainant has a right to be present at the hearing and the court shall,
in open court, give its reasons for granting or refusing bail so that the complainant is aware of the
court’s processes. This will reduce the likelihood that the complainant may feel that bail is being granted
because he or she is not believed or mistakenly thinking that bail means that the defendant has been set
unconditionally free.
6. If bail is refused, the court should inform the defendant of his or her right to appeal to the high court or the
supreme court.

2.4 DISCLOSURE

1. At the first hearing, the prosecution shall be required to serve on the defendant the copy of the summons
or charge sheet and a fact sheet outlining the nature of the case.
2. At the first hearing, in addition to addressing bail, the court shall also give directions regarding disclosure
of the prosecution evidence to the defendant, taking into consideration any required timelines.

3. Where the case file is not completed within the timelines set, the court can order partial disclosure and grant
such additional time as the court may determine for full disclosure.

4. Where the defendant is unrepresented, the court shall explain to the defendant how the disclosure is to be
effected. Usually for a defendant on bail, disclosure must be personally collected and signed for at the
high court or supreme court, while for a defendant in custody, it will usually be delivered to the prison.
Care must be taken when disclosing material, especially in a prison, that the material does not become
circulated to non-parties, as in sexual offences it is highly personal.
5. The court shall also explain to the defendant that he or she may be given additional notes of evidence of
other matters arising after disclosure that the prosecution intends to rely on.
6. The court shall explain to the defendant that if he or she intends to raise an alibi as a defence in court, then,
where applicable in the local legislation, disclosure of that alibi including name, contact information and
address must be served on the prosecution, and the court must set the time within which such alibi notice
must be provided.
7. The court may hear an application ex parte in Chambers by the prosecution to withhold or deny any aspect
of disclosure required to be made, and where good and sufficient cause is given the court may grant such
application.

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