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Revised Laws of Saint Lucia (2021)

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138. Proof of certain matters by affidavit, etc.

(1) Evidence of a fact that, by virtue of section 50, 51, 52, 55, 60 or 61 or of a provision of Division 2 or 3 of Part 5, is to be proved in relation to a document or thing may be given by a person who, at the relevant time or at some later time, had a position of responsibility in relation to the making or keeping of the document or thing.

(2) Despite Part 4, the evidence may include evidence based on the knowledge and belief of the person who gives it or on information that that person has.

(3) The evidence may be given by affidavit or, in the case of evidence that relates to a public document, by a statement in writing.

(4) An affidavit or statement that includes evidence based on knowledge, information or belief shall set out the source of the knowledge or information or the basis of the belief.

(5) A copy of the affidavit referred to in subsection (4) or statement shall be served on each party a reasonable time before the hearing of the proceedings.

(6) The party who tenders the affidavit or statement shall, if some other party so requests, call the deponent or person who made the statement to give evidence but need not otherwise do so.

138. Proof of certain matters by affidavit, etc.

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

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

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

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

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

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

149. Proof of foreign documents