Page 627 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

2. Where applicable, the parties shall be required to complete and submit the case management forms prior
to the date being set for the proceedings.

3. The court shall hear applications at the case management hearing in the high court for directions to be
given on the following:

a. Attendance of a support person with the complainant at the trial.
b. Questioning of the complainant through the use of an intermediary or other communications specialist.
c. Arrangements for the complainant or other vulnerable witness to access the court building through a
private entrance.
d. Restrictions on disclosure.

e. Use of video link facilities if appropriate.
f. Directions for restriction on certain lines of questioning such as previous sexual history.

g. Directions for concurrent family proceedings.
h. Other special arrangements such as interpreter, need for breaks, etc. as may be needed to facilitate the
trial process.

4. The magistrates’ court can make directions on the same issues in summary jurisdiction offence cases
where application is made by the prosecution.

5. In addition, both the magistrates’ court and the high court shall hear applications by the prosecution for
the complainant or other witness to be considered a vulnerable witness.

6. In considering whether the complainant or other witness is to be considered a vulnerable witness, the
court shall have regard to:

a. The age of the complainant or witness and whether because of age, he or she may need special
assistance or facilities to be able to give evidence in court. In regard to the age of a child, the court may
also give directions for a voir dire to determine competence.

b. The presence of any disability that may impair the complainant or other witness in giving evidence and
what facilities will be needed to ensure they are able to give the best evidence possible.

c. The presence of any adverse or traumatic experience that may cause emotional or psychological
distress to the complainant or witness. In the case of sexual offences, there is a likelihood that the
sexual violence incident alleged has caused psychological and emotional trauma and that having to
re-tell the intimate details of the event in court may cause psychological distress to the complainant
that may impair his or her ability to give evidence.
7. In regards to persons from indigenous communities, the court should be mindful that experiences of
trauma will not just be based on the impact of the sexual assault on the complainant but on such issues
as: loss of identity where the complainant is blamed or rejected by the community; significant stress
from having to come outside the community to interact with police, court officials and other agencies in
structures that may oppose male/female interaction established by the indigenous community; and loss
of spiritual or social support due to separation from traditional cultural norms during the trial period and
the realization that the decision to report the abuse may have altered those norms in the community as
well as changed family and community dynamics. These issues will require specialist interventions and

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