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EVIDENCE ACT
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PART 4 ADMISSION AND USE OF EVIDENCE: EXCLUSIONARY RULES
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 4
ADMISSION AND USE OF EVIDENCE: EXCLUSIONARY RULES
Division 1
Hearsay Evidence
The hearsay rule
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PART 4 ADMISSION AND USE OF EVIDENCE: EXCLUSIONARY RULES
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
10. Courts and proceedings to which Act applies
11. Parliamentary privilege
12. General power of the court
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
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
25. Parties may question witness
26. Examination-in-chief to be completed before other questioning
27. Manner and form of questioning witnesses
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 (Amended By Act 14 of 2011)
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
34. Leading questions: examination-in-chief
35. Hostile witnesses
36. Limits on re-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
44. Relevant evidence
45. Relevant evidence to be admissible
46. Provisional relevance
47. Inferences as to relevance
48. Exclusion of hearsay evidence
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
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
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
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
78. Exclusion of evidence of judgments and convictions
79. Exceptions
80. Savings
81. Application
82. Use of evidence for other purposes
83. Exclusion of tendency 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
88. Exception: character of defendant
89. Exception: character of co-defendant
90. Cross-examination of defendant by leave only
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
99. Application of Division
100. Exclusion of identification evidence
101. Exclusion of evidence of identification by pictures
102. Directions to jury
103. Interpretation
104. Privilege in respect of legal advice and litigation, etc.
105. Loss of client legal privilege
106. Privilege in respect of confidential communications and documents
107. Privilege in respect of self-incrimination in other proceedings
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
111. Court to inform of rights, etc.
112. Court may inspect, etc. documents
113. Certain evidence inadmissible
114. General discretion to exclude
115. Criminal proceeding discretion to exclude prejudicial evidence
116. Discretion to exclude improperly obtained evidence
117. Matters of law
118. Matters of common knowledge, etc.
119. Certain State certificates
120. Interpretation
121. “Best evidence” rule abolished
122. Proof of contents of documents
123. Documents in foreign countries
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
132. Civil proceedings: standard of proof
133. Criminal proceedings: standard of proof
134. Admissibility of evidence: standard of proof
135. Corroboration requirements abolished
136. Unreliable 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
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
ACT
Preliminary
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
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
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
25. Parties may question witness
26. Examination-in-chief to be completed before other questioning
27. Manner and form of questioning witnesses
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 (Amended By Act 14 of 2011)
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
34. Leading questions: examination-in-chief
35. Hostile witnesses
36. Limits on re-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
48. Exclusion of hearsay evidence
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
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
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
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
78. Exclusion of evidence of judgments and convictions
79. Exceptions
80. Savings
81. Application
82. Use of evidence for other purposes
83. Exclusion of tendency 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
88. Exception: character of defendant
89. Exception: character of co-defendant
90. Cross-examination of defendant by leave only
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
99. Application of Division
100. Exclusion of identification evidence
101. Exclusion of evidence of identification by pictures
102. Directions to jury
103. Interpretation
104. Privilege in respect of legal advice and litigation, etc.
105. Loss of client legal privilege
106. Privilege in respect of confidential communications and documents
107. Privilege in respect of self-incrimination in other proceedings
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
111. Court to inform of rights, etc.
112. Court may inspect, etc. documents
113. Certain evidence inadmissible
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
117. Matters of law
118. Matters of common knowledge, etc.
119. Certain State certificates
120. Interpretation
121. “Best evidence” rule abolished
122. Proof of contents of documents
123. Documents in foreign countries
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
132. Civil proceedings: standard of proof
133. Criminal proceedings: standard of proof
134. Admissibility of evidence: standard of proof
135. Corroboration requirements abolished
136. Unreliable 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
SUBSIDIARY LEGISLATION