Page 633 - Magistrates Conference 2019

MODEL GUIDELINES FOR SEXUAL OFFENCE CASES IN THE CARIBBEAN REGION

9. Where the complainant or other witness will give evidence from behind a screen in the court room, the
screen must be set up in advance, and typically the witness should be brought into court from a private
entrance.
10. The court ought to make arrangements prior to the start of the proceedings, where directions were given
in case management for the use of the screen, to allow the prosecution to bring the witness to court and
familiarize them with the process of giving evidence from behind the screen.

11. Where the screen is being used in a jury trial, the jury must be able to see both the accused and the
witness giving evidence behind the screen.
12. The court may also allow the submission of a previously video recorded statement as the examination
in chief.
13. Where a previously video recorded statement will be submitted for the examination in chief, the court
will require a separate hearing to discuss any applications to exclude inadmissible portions from the
recording, giving directions as to how the recording will be presented in court and whether a transcript
of the recording will be used to assist.
14. Usually, even where a previously video recorded statement is admitted, the court will still be required
to give directions that the complainant or witness shall be available for cross examination if required.
However, such cross examination will almost always then be done from behind a screen or via live link.

15. Where a complainant will give evidence in person, or is vulnerable, the court shall consider prioritizing
the case. In addition, it may direct that the witnesses should be on stand-by on the day of trial in a
separate neutral location to minimize any possibility of an encounter with the defendant.

4.2 GENERAL GUIDELINES FOR CROSS-EXAMINATION

1. The cross examination will be via live link where the examination in chief was done via live link (with or
without playing a pre-recorded video as evidence).

2. The court shall give directions as to the mode of asking questions to facilitate the live link, which can
include direction as to intonation and the manner of asking questions.
3. The court shall issue such directions to manage the cross-examination process as shall be required to
ensure that the defendant is allowed to lead his or her defence.
4. In respect of any witness in sexual offence cases, the court must consider restricting questions as to
previous sexual history, where irrelevant or restricted by law.
5. The court ought, in any sexual offence trial, to prohibit an unrepresented defendant from questioning in
person the complainant or any vulnerable witness. This should be considered at the case management
hearing, with appropriate directions made, including the appointment of a legal representative for the
defendant specifically to cross-examine where restricted.

GUIDELINES FOR THE TRIAL PROCESS | 33