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Model guidelines on sexual offence cases recommend…Adequate case management starts at level of Magistrates’ Court
Case management is vital to ensuring sexual offences cases are completed effectively and in time.
Chancellor of the Judiciary, Justice Yonette Cummings–Edwards (left) receives a copy of the model guidelines from Judge of the CCJ, Maureen Rajnauth-Lee.
According to the new Model Guidelines for Sexual Offences Cases in the Caribbean Region, case management must begin at the level of the Magistrates’ Court.
The model guidelines which were launched last Tuesday outline a number of practical ways in which the Courts can better manage sexual offences cases.
Given that the issue with the handling of such cases in a time efficient manner, the guidelines recommend that case management be done on the first hearing of a sexual offence matter in the Magistrates’ Court.
According to the document, at the Magistrates’ Court directions should be given for disclosure and other matters, before preparations are made for trial.
While it is typical that the case may be called up at least three times before the actual date for trial is set , it is recommended that the court minimizes the number of hearings by ensuring appropriate directions are given and that timetables are adhered to.
“The case management hearing is the first part of the trial process and allows the court to give directions for the trial proceedings. …Consideration shall be given by the Magistrate to the extent of the proceeding that the complaint is involved in and the need to reduce the number of court appearances and hearings that the survivor will be involved so that re-victimisation is minimised.”
The model guidelines also noted that special considerations should be given to child complainants.
“In cases of child complainants, special considerations are required and directions must be considered by the Magistrates’ Court as part of case management hearing.”
Additionally, it was noted that a number other variables related to such cases must be dealt with efficiently at the level of Magistrates’ Court.
“At the Magistrates’ Court level, sexual offences have (a number of) dynamics including domestic violence or child sexual abuse.”
“In the case of sexual offences arising from domestic violence ,the court must consider whether protection orders have been given and whether those orders are sufficient to address safety concerns or whether other orders are now needed.”
“Further, the court shall consider whether family court applications have been granted or whether (those) applications are needed for safety and support of the survivor in the trial.”
In this regard, the magistrate shall consider at the first hearing or subsequent hearing giving directions for the statements to be taken jointly by the police and the child care services to be shared with them, and for their active participation in providing support and protection to the complainant.
Meanwhile, the guidelines noted at the level of the High Court case management process there should be a specific case management hearing or several after to give specific directions for how the trial will proceed especially directions in regard to the vulnerable.
With the commissioning of a new courtroom last week and the launch of guidelines to deal with such matters, sexual offences cases are set to receive special attention via the Courts. The courtroom was commissioned moments before the launch of the new guidelines.
At the launch, Chancellor of the Judiciary, Yonette Cummings-Edwards, told a gathering of jurists and special invitees that the guidelines are intended to provide internationally accepted best practices for the management of sexual offence cases, and offer that the initiative is part of the Judicial Reform and Institutional Strengthening (JURIST) Project.
Justice Cummings-Edwards expressed hope that the initiative will help to change the way the judiciary deals with sexual offences cases, the approach to the treatment of complainants and vulnerable witnesses, including children, involved in sexual assault cases.
She noted that because of the guidelines, many more persons will come forward.
“Not only will they want to come forward, but they will be treated in a way that will respect their dignity and privacy,” she stated, adding that no longer will victims be “retraumatised” by giving their evidence in court.
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