Page 629 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

13. The directions given for protection of the witness may include protection orders, orders prohibiting
contact, relocation of the witness, or other measures as requested by the prosecutor.

14. In some instances, it will be necessary for the court to address safety and protection issues in an ex parte
application or in an application in chambers where it is felt that the disclosure of the need for protection
may lead to the defendant or persons connected to the defendant interfering with or threatening the
witness.

15. If a complainant desires to withdraw from the proceedings, a statement should generally be taken for the
court to be satisfied that no pressure has been brought.

Best Practice Model – Case Management in Sexual Offence Cases
– St. Lucia

The Criminal Division Rules now set timelines for all aspects of the criminal process
and mandate case management in all criminal proceedings. The judge is able to give
directions for all aspects of the trial and in particular to direct the use of special
measures and give directions on the lines of questioning that will not be allowed in
respect to vulnerable witnesses or to children. The use of the case management process
is reported to have significantly reduced the length of time sexual offences take in the
court system and has improved the support mechanisms for vulnerable witnesses in
the trial process.

Source: Regional Consultations – JURIST Project, 2016

Best Practice Model – Case Management in Sexual Offence Cases
– St. Vincent and the Grenadines

In St. Vincent and the Grenadines, the parties must fill out a case management form
which requires the parties to indicate what applications will be made and to give
appropriate details of directions being sought. In sexual offence cases, the court will
appoint legal representation for an unrepresented defendant for the portion of the trial
where they will cross examine the complainant to prevent the defendant questioning
the complainant himself. Such directions are given at the case management hearing.
Case management can also include a “Goodyear indication” where if the person
is considering pleading guilty they may in appropriate circumstances receive an
indication of what their sentence will be.

Source: Regional Consultations – JURIST Project,
Bar Association Representatives, 2017

| 29