Page 632 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

5. In respect of child witnesses, where the court deems it necessary to conduct a voir dire to assess
competence, there should be emphasis on whether the child understands the difference between the
truth and lies and the consequences of telling a lie.
6. Where the complainant will give evidence via video link from a remote location, he or she may not be able
to see everyone in the court as the video link feed is usually restricted to the Bench and the Bar table in
the high court. However, magistrates’ courts in the Caribbean have smaller court rooms, which might be
seen on the link, and the court must consider whether sight of members of the defendant’s family may be
a distraction to the witness.

7. There are challenges associated with using live link evidence as the equipment may have delays or may
not work or for example a child witness may need a booster seat. In the high court, these issues should be
worked out in the absence of the jury and the court should do a trial run with the equipment before the
trial begins.
8. In addition, the court must consider how physical evidence will be identified or tendered from a remote
location, and documents considered, as well as how the witness at the remote location will be sworn.

Best Practice Model – Use of Support Persons and Intermediaries
For Vulnerable Witness – St. Vincent and Grenadines

The Witness (Special Measures) Act 2013 allows for the use of extensive special
measures in respect of vulnerable witnesses. These measures include the appointment
of a support person to accompany the vulnerable witness to court and to remain with
them in the trial. In sexual offence cases, this is practically facilitated by the family
court which has criminal jurisdiction in sexual offence cases and sits as a sexual offence
court utilizing its specialist staff such as social workers and counsellors. In addition,
where the court rules that a vulnerable complainant or witness is not capable of
answering questions without the use of an intermediary, the court may appoint an
intermediary to facilitate the examination of the vulnerable complainant or witness.
The intermediary appointed is a specialist attached to the court. The examination
proceeds by questions being directed to the intermediary who repeats them to the
vulnerable witness and then repeats the vulnerable witness’ response to the court. The
intermediary may be used in court or in a live link facility.

Source: Regional Consultations – JURIST Project, 2016

32 | GUIDELINES FOR THE TRIAL PROCESS