Revised Laws of Saint Lucia (2021)

136.   Unreliable evidence

  1.  

    (1)   This section applies in relation to the following kinds of evidence—

    1.  

      (a)     evidence in relation to which Division 1 or 3 of Part 4 applies;

    1.  

      (b)     identification evidence;

    1.  

      (c)     evidence the reliability of which may be affected by age, ill health, whether physical or mental, injury or the like;

    1.  

      (d)     in criminal proceedings—

      1.  

        (i)     evidence given by a witness called by the prosecutor, being a person who might reasonably be supposed to have been concerned in the events giving rise to the proceedings, or

      1.  

        (ii)     oral evidence of official questioning of a defendant, where the questioning is recorded in writing that has not been signed or otherwise acknowledged in writing by the defendant;

    1.  

      (e)     in the case of a prosecution for an offence of a sexual nature, evidence given by a victim of the alleged offence;

    1.  

      (f)     in the case of proceedings against the estate of a deceased person, evidence adduced by or on behalf of a person seeking relief in the proceedings, being evidence about a matter about which the deceased person could, if he or she were alive, have given evidence.

  1.  

    (2)   Where there is a jury the Judge shall, unless there are good reasons for not doing so—

    1.  

      (a)     warn the jury that the evidence may be unreliable;

    1.  

      (b)     inform the jury of matters that may cause it to be unreliable; and

    1.  

      (c)     warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.

  1.  

    (3)   It is not necessary that a particular form of words be used in giving the warning or information.

  1.  

    (4)   This section does not affect any other power of the Judge to give a warning to, or to inform, the jury.