Page 624 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

3.1 PRELIMINARY INQUIRIES

1. In indictable sexual offence cases, a preliminary inquiry is sometimes required to be conducted in the
magistrates’ court to determine if there is a case to answer where the defendant will not agree to a paper
committal.
2. The court should explain to the defendant at the time the disclosure order is made that he or she will have
the option to indicate to the prosecution agreement to a paper committal. In this way, the matter can be
sent straight to the higher court for arraignment instead of holding a preliminary inquiry.
3. At the hearing of the preliminary inquiry, the court will usually ask at the beginning of the proceedings
whether there is an agreement on a paper committal or if any matters disclosed are agreed.

4. Where there is no paper committal, the preliminary inquiry hearing will also help in identifying the issues on
which evidence will be heard at the trial, what witnesses will be called, and in encouraging the prosecution
and the defence to consider what other matters may need to be addressed to promote a fair trial.
5. The court will give directions for additional disclosure where necessary. Where an anonymity order was
requested and granted, those portions ordered to be blacked out or removed should be removed before
disclosure is made.

6. The court will also hear any applications brought by the prosecutor for the conduct of the preliminary
inquiry.
7. The court may also hear applications by the prosecutor to amend the charge sheet to add additional
charges for other offences arising from the same factual situations which may have arisen in the preliminary
inquiry.
8. The court’s interest in managing the process is to see where agreement can be reached between the
prosecution and the defence on the facts so that the matter can be expeditiously resolved.

3.2 SUFFICIENCY HEARINGS

1. In some jurisdictions in the Caribbean, preliminary inquiries are not held, and instead the law utilizes the
mechanism of the ‘sufficiency hearing’.

2. The sufficiency hearing seeks to establish the strength of the case against the defendant and whether the
elements of the charge are sufficiently made out to warrant a trial.

3. The defendant, defence counsel, and prosecuting counsel are required to be present at the sufficiency
hearing.

4. The court may also require the presence of the complainant.

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