Spans in 'Bahamas - Criminal Procedure Code' tagged with 'Admissibility of evidence

'Admissibility of evidence - national proceedings' in document 'Bahamas - Criminal Procedure Code'

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More information about the keyword 'Admissibility of evidence - national proceedings'
More information about the document 'Bahamas - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

104. (1) Except as may be otherwise provided by any law, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, unless with his consent his absence has been dispensed with in accordance with the provisions of this Code.

(2) All evidence shall be recorded in English and, if any evidence is given in any other language, it shall be interpreted; and, in the case of any documents tendered in evidence which are written in a foreign language, a translation shall be provided. Any interpretation or translation shall be made by a person appointed or approved for the purpose by the court.

(3) If the accused does not understand English, any evidence given shall be interpreted to him in a language which he understands.

CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

105. (1) Subject to the provisions of section 77 of the Supreme Court Act, the Chief Justice may from time to time give directions as to the manner in which evidence or the substance thereof shall be taken down in any proceedings before any criminal court.

(2) Subject to the provisions of section 216 of this Code and to any directions issued under the provisions of subsection (1) of this section, in inquiries and trials in criminal matters before a magistrate's court, the evidence of the witnesses shall be recorded in the following manner-
(a) the evidence of each witness, or so much thereof as the magistrate deems material, shall be taken down by the magistrate, or in his presence and under his personal direction and superintendence, and shall be signed by the magistrate and shall form part of the record;
(b) such evidence shall not ordinarily be taken down in the form of question and answer but in the form of narrative:
Provided that a magistrate may, in his discretion, take down or cause to be taken down any particular question and answer or the evidence or any part thereof in any particular case in the form of questions and answers.

(3) At the request of a witness his evidence shall be read over to him.