Criminal Evidence Rules (2001 Revision) THE GRAND COURT LAW

Criminal Evidence Rules (2001 Revision) Supplement No. 3 published with Gazette No. 4 of 12th February, 2001. THE GRAND COURT LAW (1995 Revision) and THE SUMMARY JURISDICTION LAW (1995 Revision) THE CRIMINAL EVIDENCE RULES (2001 Revision) Revised under the authority of the Law Revision Law (1999 Revision). The Criminal Evidence Rules, 1978 made the 24th June, 1978 and published as Supplement No. 6 with the Gazette Extraordinary of 14th November, 1978. Consolidated and revised this 31st day of October , 2000. Note (not forming part of the Rules): Copies of this revision should be filed under both of the above laws. Criminal Evidence Rules (2001 Revision) 2 Criminal Evidence Rules (2001 Revision) CRIMINAL EVIDENCE RULES (2001 Revision) ARRANGEMENT OF RULES 1. Citation 2. Definition 3. Form of written statement 4. Notice to accused of his right to object 5. Identification of exhibits 6. Written statement inadmissible in part 7. Name and address of deponent to be read in court 8. Statement to be read, etc., by or on behalf of the party tendering the same 9. Authentication of written statements at preliminary enquiry 10. Admissions to be recorded Schedule: Forms 3 Criminal Evidence Rules (2001 Revision) 4 Criminal Evidence Rules (2001 Revision) CRIMINAL EVIDENCE RULES (2001 Revision) 1. These Rules may be cited as the Criminal Evidence Rules (2001 Revision). Citation 2. In these rules- Definition “written statement” means a written statement to be tendered in evidence under section 26 of the Evidence Law (1995 Revision). 1995 Revision 3. Written statements and notice thereof to an accused person shall be in the Form of written forms prescribed in the Schedule. statement 4. When a copy of a written statement is given to or served upon any party to Notice to accused of his the proceedings, a copy of the statement and of any exhibit which accompanies it right to object shall be given to the Clerk of the Court as soon as practicable thereafter, and where a copy of any such statement is given or served by or on behalf of the prosecutor, the accused shall be given notice of his right to object to the statement being tendered in evidence. 5. Where a written statement refers to any document or object as an exhibit, Identification of exhibits that document or object shall, so far as practicable, be identified by means of a label or other mark signed by the maker of the statement so as to associate the same with the statement to the satisfaction of the court. 6. Where it appears to the court that any part of a written statement is Written statement inadmissible the court shall cause such parts to be underlined in red and mark the inadmissible in part statement in red with the words “ruled inadmissible” and shall take such steps, as may be necessary, to prevent such parts from being brought to the knowledge of the jury. 7. The name and address of the maker of a written statement shall be read Name and address of aloud in court unless the court otherwise specifically directs. deponent to be read in court 8. Where, under section 26(5) of the Evidence Law (1995 Revision), the whole Statement to be read, or any part of a written statement is read aloud in court or an oral account is given etc., by or on behalf of the party tendering the of a part which is not read aloud, the statement shall be read or the account given same by or on behalf of the party who has tendered the statement. 9. Written statements included in the proceedings of a preliminary enquiry Authentication of shall be authenticated by the signature of the magistrate. written statements at preliminary enquiry 5 Criminal Evidence Rules (2001 Revision) 10. Where, under section 27 of the Evidence Law (1995 Revision), a fact is Admissions to be recorded admitted orally in court by or on behalf of the prosecutor or defendant, the court 1995 Revision shall cause the admission to be written down and signed by or on behalf of the party making the admission unless it has been so written down and signed at an earlier stage in the proceedings. 6 Criminal Evidence Rules (2001 Revision) SCHEDULE Section 26(1) FORMS EVIDENCE LAW (1995 Revision) STATEMENT OF WITNESS (Intituled in the Case) Name of Witness Age of witness (if over 18 years enter “over 18” ) Occupation of witness Address This statement (consisting of pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything in the truth of which I do not believe. Dated the day of , 20 . (Signed) A.B. OR A.B. being unable to read the above statement I, C.D. of read it to him before he signed it. Dated the day of , 20 . 7 Criminal Evidence Rules (2001 Revision) (Signed) C.D. NOTICE TO DEFENDANT-PROOF BY WRITTEN STATEMENT (Intituled in the Case) To A.B. of On the day of , 20 the Court sitting at will hear evidence relating to the following charges against you: Written statements have been made by the witnesses named below and copies of their statements are enclosed. Each of the statements will be tendered in evidence unless you want the witness to give oral evidence, in which case you should inform me as soon as possible. If you do not so inform me within four days of the receipt of this notice you will lose your right to prevent the statements being tendered in evidence unless the Court otherwise orders. A form of reply is enclosed for your convenience. Dated the day of 20 . Signed C.D. (on behalf of the prosecutor) Form of reply To prosecutor I, A.B. refer to your notice dated and give you notice that I require the personal attendance of the following witnesses: Dated the day of 20 . Signed A.B. Publication in consolidated and revised form authorised by the Governor in Council this 31st day of October, 2000. Carmena Watler Clerk of Executive Council 8