ACT
(Acts 5 of 2002, 16 of 2006, 46 of 2006 and 14 of 2011)
Act 5 of 2002 .. in force 1 November 2005 (S.I. 151/2005)
Amended by Act 16 of 2006 .. in force 27 March 2006
Amended by Act 46 of 2006 .. in force 27 November 2006
Amended by Act 14 of 2011 .. in force 3 May 2011
ARRANGEMENT OF SECTIONS
PRELIMINARY
SHORT TITLE AND INTERPRETATION
| 1. | Short title |
| 2. | Interpretation |
| 3. | References to business |
| 4. | References to examination in chief, etc. |
| 5. | References to civil penalties |
| 6. | Unavailability of persons |
| 7. | Unavailability of documents |
| 8. | Representations in documents |
| 9. | Witnesses |
PART 1
APPLICATION
| 10. | Courts and proceedings to which Act applies |
| 11. | Parliamentary privilege |
| 12. | General power of the court |
PART 2
WITNESSES
Division 1
Competence and compellability of Witness
| 13. | Competence and compellability |
| 14. | Competence: lack of capacity |
| 15. | Evidence of children |
| 16. | Compellability : Governor General, etc. |
| 17. | Competence and compellability : Judges and jurors |
| 18. | Competence and Compellability: defendant, etc., in criminal proceedings |
| 19. | Compellability of spouse, parent or child in criminal proceedings |
| 20. | Compellability of spouses in civil proceedings |
Division 2
Sworn and Unsworn Evidence
| 21. | Evidence of witnesses to be on oath or affirmation |
| 22. | Unsworn evidence on production of document or object |
| 23. | Unsworn evidence of counsel or judge |
| 24. | Court to advise witnesses |
Division 3
Manner of Giving Evidence
General
| 25. | Parties may question witness |
| 26. | Examination-in-chief to be completed before other questioning |
| 27A. | Use of live links |
| 27B. | Directions given by the court |
| 27C. | Effect of, and rescission of, direction |
| 27D. | District Courts permitted to sit at other locations |
| 27E. | Warning to jury |
| 27F. | Rules of court |
| 28. | Interpreters |
| 29. | Giving evidence outside the courtroom |
| 29A. | Evidence by video recording |
| 29B. | Admission of video recording |
| 29C. | Admissibility of measurements, fingerprints and other impressions |
| 30. | Attempts to refresh memory in court |
| 31. | Attempts to refresh memory out of court |
| 32. | Direction not to extend to certain documents |
| 33. | Effect of calling for production of documents |
Examination-in-chief and re-examination
| 34. | Leading questions: examination-in-chief |
| 35. | Hostile witnesses |
| 36. | Limits on re-examination |
Cross-examination
| 37. | Witness called in error |
| 38. | Improper questions |
| 39. | Leading questions: cross-examination |
| 40. | Prior inconsistent statements of witness |
| 41. | Previous representations of other persons |
| 42. | Production of documents |
| 43. | Certain matters to be put to witness |
PART 3
ADMISSION OF EVIDENCE: RELEVANCE RULE
| 44. | Relevant evidence |
| 45. | Relevant evidence to be admissible |
| 46. | Provisional relevance |
| 47. | Inferences as to relevance |
PART 4
ADMISSION AND USE OF EVIDENCE: EXCLUSIONARY RULES
Division 1
Hearsay Evidence
The hearsay rule
| 48. | Exclusion of hearsay evidence |
“First-hand” hearsay
| 49. | Restriction to “first-hand” hearsay |
| 50. | Exception: civil proceedings where maker not available |
| 51. | Exception: civil proceedings where maker available |
| 52. | Exception: criminal proceedings where maker not available |
| 53. | Exception: criminal proceedings where maker available |
| 54. | Notice to be given |
Records, Expert Reports, Labels and Telecommunications
| 55. | Exception: documentary records |
| 56. | Application of section 55 |
| 57. | Identification of document |
| 58. | Proof of statement admitted under section 55 or 124 |
| 59. | Exception: expert reports |
| 60. | Exception: contents of tags, labels, etc. |
| 61. | Exception: telecommunications |
| 62. | Exception: reputation as to certain matters |
| 63. | Exception: interlocutory proceedings |
Division 2
Opinion Evidence
| 64. | Exclusion of opinion evidence |
| 65. | Exception: lay opinions |
| 66. | Exception: opinions based on specialised knowledge |
| 67. | Fact in issue and common knowledge rules abolished |
Division 3
Admissions and Confessions
| 68. | Interpretation: sound recording |
| 69. | Hearsay and opinion rules: exception for admissions |
| 70. | Exclusion of admissions influenced by violence, etc. |
| 71. | Criminal proceedings: reliability of confessions by defendant |
| 72. | Criminal proceedings: admissions by defendants |
| 73. | Exclusion of records of oral questioning |
| 74. | Admissions made with authority |
| 75. | Proof of making of admission |
| 76. | Evidence of silence |
| 77. | Discretion to exclude confessions |
Division 4
Evidence of Judgments and Convictions
| 78. | Exclusion of evidence of judgments and convictions |
| 79. | Exceptions |
| 80. | Savings |
Division 5
Evidence of Conduct and Character Relevant to Issues
Preliminary
| 81. | Application |
| 82. | Use of evidence for other purposes |
Tendency Evidence
| 83. | Exclusion of tendency evidence |
Conduct Evidence
| 84. | Exception: conduct to prove tendency |
| 85. | Exclusion of evidence of conduct to prove improbability of coincidence |
| 86. | Further protections: prosecution evidence of conduct of defendant |
| 87. | Notice to be given |
Character Evidence
| 88. | Exception: character of defendant |
| 89. | Exception: character of co-defendant |
| 90. | Cross-examination of defendant by leave only |
Division 6
Credibility
| 91. | Exclusion of evidence relevant to credibility |
| 92. | Exception: character of defendant |
| 93. | Exception: Cross-examination as to credibility |
| 94. | Further protections: cross-examination of defendant |
| 95. | Leave for cross examination of another defendant |
| 96. | Exception: rebutting denials by other evidence |
| 97. | Exception: application of certain provisions to maker of representations |
| 98. | Exception: re-establishing credibility |
Division 7
Identification Evidence
| 99. | Application of Division |
| 100. | Exclusion of identification evidence |
| 101. | Exclusion of evidence of identification by pictures |
| 102. | Directions to jury |
Division 8
Privileges
Client legal privilege
| 103. | Interpretation |
| 104. | Privilege in respect of legal advice and litigation, etc. |
| 105. | Loss of client legal privilege |
Other privileges
| 106. | Privilege in respect of confidential communications and documents |
| 107. | Privilege in respect of self-incrimination in other proceedings |
Evidence excluded in the public interest
| 108. | Exclusion of evidence of reasons for judicial, etc. decisions |
| 109. | Exclusion of evidence of matters of State |
| 110. | Exclusion of evidence of settlement negotiations |
General
| 111. | Court to inform of rights, etc. |
| 112. | Court may inspect, etc. documents |
| 113. | Certain evidence inadmissible |
Division 9
Discretion to exclude evidence
| 114. | General discretion to exclude |
| 115. | Criminal proceeding discretion to exclude prejudicial evidence |
| 116. | Discretion to exclude improperly obtained evidence |
PART 5
OTHER ASPECTS OF PROOF
Division 1
Judicial Notice
| 117. | Matters of law |
| 118. | Matters of common knowledge, etc. |
| 119. | Certain State certificates |
Division 2
Documents
| 120. | Interpretation |
| 121. | “Best evidence” rule abolished |
| 122. | Proof of contents of documents |
| 123. | Documents in foreign countries |
Division 3
Facilitation of Proof
| 124. | Evidence produced by devices, processes, etc. |
| 125. | Attestation of documents and bankers books |
| 126. | Gazettes, etc. |
| 127. | Sales and signatures |
| 128. | Public documents |
| 129. | Documents produced from proper custody |
| 130. | Labels, etc. |
| 131. | Post and telecommunications |
Division 4
Standard of Proof
| 132. | Civil proceedings: standard of proof |
| 133. | Criminal proceedings: standard of proof |
| 134. | Admissibility of evidence: standard of proof |
Division 5
| 135. | Corroboration requirements abolished |
Division 6
Warnings
PART 5A
ELECTRONIC EVIDENCE
| 136A. | General admissibility |
| 136B. | Scope of this Part |
| 136C. | Authentication |
| 136D. | Application of best evidence rule |
| 136E. | Presumption of integrity |
| 136F. | Admissibility of electronic records |
| 136G | Admissibility of electronic signature |
PART 6
MISCELLANEOUS
| 137. | Inferences |
| 138. | Proof of certain matters by affidavit, etc. |
| 139. | Request to produce documents or call witnesses |
| 140. | Views, etc. |
| 141. | Views, etc., to be evidence |
| 142. | The voir dire |
| 143. | Waiver of rules of evidence |
| 144. | Leave, etc., may be given on terms |
| 145. | Additional powers |
| 146. | Certifying false copies or extracts |
| 147. | Proof of exemplifications of wills, etc. from outside Saint Lucia |
| 148. | Manner of execution and proof of certain documents |
| 149. | Proof of foreign documents |
| 150. | Section 151 not to limit admissibility of deeds, etc. |
| 151. | Comparison of a disputed writing with a genuine writing to be permitted in any trial |
| 152. | Admissibility of medical certificates and reports |
| 153. | Proof of written statement |
| 154. | Document or object as exhibits |
| 155. | Statement of wages in evidence |
| 156. | Interpretation |
| 157. | Notice of alibi |
| 158. | Examination of witnesses upon interrogatories or otherwise |
| 159. | Attendance of witnesses and production of documents |
| 160. | Prisoners may be taken for examination by writ of habeas corpus |
| 161. | Special reports by persons taking examination |
| 162. | Costs |
| 163. | Admissibility of examinations at trial |
| 164. | Examination of witnesses in Saint Lucia for other countries and vice versa |
| 165. | Debts to the State may be proved in the same manner |
| 166. | Prohibition on publication |
| 167. | Regulations |
| 168. | Codes of practice |
| 169. | Amendment of enactment in Schedule 3 |
| 170. | Discontinuance of enactment |
| 171. | Transitional |
| Schedule 1 | |
| Schedule 2 | |
| Schedule 3 | |
AN ACT to reform the law relating to evidence in proceedings in courts in Saint Lucia and to provide for related matters.
Commencement [1 November 2005]