PRACTICE DIRECTION – 9.10
USE OF SCREENS IN SEXUAL OFFENCE CASES IN MAGISTRATES’ COURTS
Purpose
1. This Practice Direction is related to the use of screens in the trial of sexual offence cases[1] in the Magistrates’ Courts.
Use of Screens
2. Unless the presiding magistrate or the trial magistrate allows otherwise :
(a) the Secretary for Justice shall notify the accused of the following information not later than 10 days before the pre-trial hearing or mention hearing (if such a hearing has been ordered) or 21 days before the commencement of the trial (if no pre-trial hearing or mention hearing has been ordered) :
(i) whether a witness has requested the use of any of the following measures –
(1) a screen in giving evidence and, if so, the type of the screen requested (e.g. whether hiding from the accused, the public or both);
(2) a special passageway; and/or
(3) a support person; and
(ii) irrespective of whether the witness has made a request for the use of any of the above measures, whether the prosecution considers it appropriate to make such application(s), and if so the grounds for such consideration. If an application for the use of a screen is made, the prosecution should also indicate the type of the screen requested (e.g. whether hiding from the accused, the public or both); and
(b) the accused shall inform the Secretary of Justice within 7 days from receipt of the above information whether the accused objects to the application for the use of any of the measures and the grounds for the objection.
3. The Secretary for Justice shall furnish the presiding magistrate with the information mentioned in paragraph 2(a) and (b) at the pre-trial hearing or mention hearing (if such a hearing has been ordered) or no later than 7 days before the commencement of the trial (if no pre-trial hearing or mention hearing has been ordered).
4. The presiding magistrate conducting the pre-trial hearing or the mention hearing may give directions for the further conduct of the proceedings. If the magistrate approves the request for the use of a special passageway, the routing would generally follow the standard arrangements designated by the Judiciary Administration in respect of the court building concerned, subject to any modifications as the Judiciary Administration may see fit on a case-by-case basis.
5. This Practice Direction supersedes the previous Practice Direction 9.10 dated 10 June 2016.
6. This Practice Direction shall take effect on 20 April 2018.
Dated this 19th day of March 2018.
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(Geoffrey Ma) |
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Chief Justice |
[1] Sexual offence cases include those involving the offence of (i) rape; (ii) incest; (iii) buggery; (iv) gross indecency; (v) indecent assault; (vi) indecent conduct; (vii) unlawful sexual act; (viii) unlawful sexual intercourse; (ix) procuring another person under the age of 18 for making pornography; (x) keeping/managing vice establishment; (xi) controlling/living on earnings of prostitution; and (xii) causing prostitution.