Revised Laws of Saint Lucia (2021)

152.   Admissibility of medical certificates and reports

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    (1)   Despite any enactment or law, and subject to the conditions specified in subsection (2), the following documents are admissible in evidence before a court in civil and criminal proceedings—

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      (a)     the certificate or report of a medical practitioner within the meaning of the Medical Registration Act, in respect of any of the following—

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        (i)     the medical condition of a person,

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        (ii)     the nature and extent of any injuries to that person, including the probable effects of the injuries,

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        (iii)     the cause of the medical condition or of any of the injuries,

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        (iv)     the nature of the instrument, if any, with which any of the injuries were caused,

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        (v)     the degree of force that was used, and

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        (vi)     any other significant aspects of the injuries; and

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      (b)     a certificate or report of an analyst or consultant in the field of bacteriology, pathology, radiology or toxicology in respect of his or her examination or analysis of any matter.

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    (2)   The conditions to which subsection (1) refers are that—

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      (a)     the document purports to be signed by the person who made it;

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      (b)     the document contains a declaration by the person making it, declaring the facts set out therein to be true to the best of his or her knowledge and belief and the opinions expressed therein to be honestly held;

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      (c)     before the hearing at which the document is to be tendered in evidence—

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        (i)     a copy of the document is served by or on behalf of the party proposing to tender it on the other parties to the proceedings, and

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        (ii)     none of the other parties to the proceedings have, within 7 days from the service of the document, served on the party serving the document, a notice objecting to the document being tendered in evidence.

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    (3)   Paragraph (c) of subsection (2) does not apply if the parties to the proceedings agree, before or during the hearing, to the tendering of the document.

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    (4)   Despite subsection (1), the court may, of its own motion or on application of any party to the proceedings, require a person making a document to be tendered in evidence under this section to attend before the court and give evidence.

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    (5)   For the purposes of this section “court” includes an inquest held under the Coroners Act.