Revised Laws of Saint Lucia (2021)

153.   Proof of written statement

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    (1)   In any criminal proceedings, a written statement by any person is, if such of the conditions mentioned in subsection (2) as are applicable are satisfied, admissible as evidence to the like extent as oral evidence to the like effect by that person.

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    (2)   The conditions referred to in subsection (1) are—

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

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      (b)     the statement contains a declaration by that person to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement knowing that, if it were tendered in evidence, he or she would be liable to prosecution if he or she wilfully stated in it anything which he or she knew to be false or did not believe to be true;

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      (c)     before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

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      (d)     none of the other parties or their attorneys-at-law, within 7 days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section.

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    (3)   The conditions mentioned in paragraphs (c) and (d) of subsection (2) do not apply if the parties agree before or during the hearing that the statement shall be so tendered.

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    (4)   The following provisions have effect, in relation to any written statement tendered in evidence under this section—

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      (a)     if the statement is made by a person under the age of 18 years, it shall give his or her age;

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      (b)     if it is made by a person who cannot read it, it shall be read to that person before he or she signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

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      (c)     if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of subsection (2) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

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    (5)   Despite that a written statement made by any person may be admissible as evidence under this section—

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      (a)     the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

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      (b)     the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

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    (6)   An application under paragraph (b) of subsection (5) may be made to the court before the hearing.

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    (7)   So much of any statement as is admitted in evidence under this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.