A summary of the Sexual Offences Regulations
What is a sexual offences court?
A sexual offences court is a court that has been designated (appointed) as a sexual offences court. These courts must then comply with the requirements for sexual offences courts. The people working at these courts must make sure that the courts have all of the things necessary to make it a sexual offences court.
If a court has some of the requirements missing, it may still be able to hear sexual offences cases, but members of the public will know the full range of services are not available there.
It is mainly the job of the court manager to make sure that everything is in order.
Special facilities/infrastructure[1]
Sexual offences courts try to make sure that people that come to court to testify (like the complainant or a family member) feel safe and supported while at the court. One of the ways to do this is to limit the potential contact between such persons and the accused person. It is the job of the court manager to make sure that the building and rooms are set up in such a way that achieves this.
It is important that these facilities are accessible to all people, including people with disabilities or older people and that there is proper signage to indicate which facilities are where. The facilities must also be comfortable for children. Someone from the court must also make sure that people who come to testify know where they have to go. Sometimes this is done by a court supporter employed by an NPO.
Sexual offences courts must specifically have the following facilities:
Waiting Area
The waiting area must have furniture that is comfortable because people might have to wait for a long time. For this reason, there must also be a place where children can be comfortable and can play while they wait to testify. The waiting area should have ventilation – with windows that can open or another way to regulate the temperature – and water should be available.
Because people may wait here for a long time, the court manager must make sure that there is information displayed about the court procedures, services available to complainants and other court services.
The waiting area is meant for complainants and people supporting them, so the people working at court must see to it that no other person uses this area.
Testifying Room
The testifying room is used when children, persons with disabilities and some adults cannot testify in the court room while the accused is also there. The testifying room has a camera and microphone that is linked to the court room so that the person doesn’t have to be in the courtroom while they testify. An intermediary makes sue that this happens correctly.
The testifying room has specialised equipment that has to be regularly maintained. It will also have a set of six anatomical dolls that represent the human body to assist children to testify.
Court Preparation Room and Consulting Room
This should be a place where the court preparation officer can speak privately with the complainant without interruption. This room must also be comfortable and must have cupboards that can lock.
Court Room
The court room will be where the court proceedings take place. It will have a space for the magistrate, prosecutor, witnesses, accused’s attorney, a typist and the court orderly. At some points the public will be allowed to sit in the gallery, but not always. The room will have special equipment to make it possible for complainants to testify from the testifying room. The court manager must ensure that the equipment all works properly and is regularly maintained.
Personnel[2]
A sexual offences court will have the following people working in it.
- A magistrate with special training
- Two prosecutors with special training
- Interpreter
- Intermediary
- Court preparation officer
- Court clerk
- A Legal Aid practitioner
A sexual offences court can also have the following people working in it.
- Court supporter
- Social worker
Services[3]
Court Supporter
The Court supporter’s role is to support the complainant when they have to be at court by making sure that they feel safe and that they know what is going on. This can be for a meeting with the prosecutor or if they have to testify. The court supporter may even go into the court room with the complainant and sit next to them while they testify, thereby limiting secondary trauma. Often the court supporter will meet with the complainant afterwards to give them emotional support. A court supporter can also refer a complainant for long-term support.
Court supporters receive special training for this role.
Court Preparation Officer
The Court preparation officer works together with the prosecutor to help the complainant to understand what will be expected of them when they testify in court. The court preparation officer can also help to make sure that the complainant has access to an interpreter or an intermediary.
Court preparation officers receive special training for this role.
Staff and Judicial Debriefing
People working in sexual offences courts can suffer a great deal of vicarious trauma. Trauma debriefing must be available for people working in sexual offences courts.
Interpreting Services
Interpreters assist the people in the court by translating what people say into different languages. This is necessary because not everyone involved in what happens in the court may speak or understand the same language. The interpreters should be experienced and well trained.
Intermediary Services
The intermediaries play an extremely important role in assisting child witnesses as well as certain adult witnesses who testify via electronic devices while they are in the testifying room. This is a means to limit secondary trauma as well as to effectively obtain testimony. In instances where an intermediary is appointed to assist a witness, testimony cannot be lead without the intermediary present. Therefore, if intermediaries are unavailable or absent for whatever reason, it will lead to delays. For this reason, it is necessary that a database be kept of intermediaries who are available on an ad hoc basis.
Special arrangements for hearings
Sign language interpreters
Sign language interpreters can be appointed in matters where the complainant or another witness is deaf and unable to communicate otherwise.
Legal aid practitioners
The court must make sure that an accused person get the opportunity to apply for legal aid. If the application is successful, the legal aid practitioner will be acting as the lawyer for the accused person.
Complaints mechanisms
There must be ways in which complaints can be made and received at the court. The court manager must ensure that people know where and how to complain. Any person who receives a complaint must refer the person who wishes to complain to the correct institution. They must also get the necessary contact details of the institution. After a complaint has been lodged, the institution that received the complaint must inform the person who lodged the complaint of the status of the complaint and the outcome.
Manner of dealing with complainants and witnesses
People working at the court, when coming into contact with complainants and witnesses, must:
- Use simple vocabulary and avoid technical terms
- Explain things in a way that is understandable, having regard to the person’s age, vulnerability, maturity, stage of development and whether or not the person has an intellectual disability
- Give enough detail so that the person understands the information provided to them
- Give enough time for the person to absorb the information
- Ask questions from the person to make sure that they understand the information
- Create an atmosphere that makes it possible for the person to participate
- Be sensitive to the needs of the complainant
[1] This is in the Regulations
[2] This is not in the regulations
[3] This is in the regulations
