Bahamas

Chapter 91 - Criminal Procedure Code

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.

Keywords

Admissibility of evidence - national proceedings



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