Revised Laws of Saint Lucia (2021)

94.   Further protections: cross-examination of defendant

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    (1)   This section only applies in criminal proceedings in addition to section 93.

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    (2)   Subject to this section, a defendant may not be cross-examined as to a matter that is relevant only to the credibility of the defendant unless the court gives leave.

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    (3)   Leave is not required for cross-examination by the prosecutor as to whether the defendant—

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      (a)     is biased or has a motive to be untruthful;

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      (b)     was or is unable to be aware of or recall matters to which his or her evidence relates; or

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      (c)     has made a prior inconsistent statement.

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    (4)   Leave shall not be given for cross-examination by the prosecutor as to any other matter that is relevant only to the credibility of the defendant unless—

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      (a)     evidence has been adduced by the defendant that tends to prove that the defendant is, either generally or in a particular respect, a person of good character; or

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      (b)     evidence has been admitted that—

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        (i)     was given by the defendant,

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        (ii)     tends to prove that a witness called by the prosecutor has a tendency to be untruthful, and

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        (iii)     was adduced solely or mainly to impugn the credibility of that witness.

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    (5)   A reference in subsection (4) to evidence does not include a reference to evidence of conduct—

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      (a)     in the events in relation to which; or

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      (b)     in relation to the investigation of the offence for which;

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    the defendant is being prosecuted.