Page 348 - Magistrates Conference 2019

whether or not the maker of the statement had any incentive to conceal or misrepresent the
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facts.

Jamaica

A “document” includes, in addition to a document in writing, anything in which information of
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any description is recorded.

Written statements are admissible without the maker of the document attending and giving oral

evidence where certain conditions are met. Of these conditions the primary requirements are:
The statements must purport to be signed by the person who made it; and a copy of the statement

and a notice of intention to tender the statement into evidence must be served on all other parties
to the proceedings by or on behalf of the person seeking to tender the statement into evidence, at

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least twenty-one days before the hearing at which the statement is to be so tendered.
The court may also admit into evidence any statement in a document where the maker of the

statement is dead; is unfit by reason of his bodily or mental condition to attend as a witness; is
outside of Jamaica and it is not reasonably practicable to secure his attendance; cannot be found

after all reasonable steps have been taken to find him; or is kept away from the proceedings by
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threats of bodily harm and no reasonable steps can be taken to protect the person.
Computer generated documents may be admitted where the requisite standards for the accuracy

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of the record and the operation of the machine and its mechanisms are met.

Statements contained in business documents are admissible as evidence of any facts stated

therein of which direct oral evidence would be admissible, where the requirements of subsections
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(2) and (3) of the relevant section are satisfied.

Montserrat

18 Guyana – Evidence Act Cap. 5:03, section 93
19 Jamaica – Evidence Act 1843, section 31B
20 Jamaica – Evidence Act 1843, section 31C; See also official or public documents under section 22
21 Jamaica – Evidence Act 1843, section 31D
22 Jamaica – Evidence Act 1843, section 31G, 31H
23 Jamaica – Evidence Act 1843, section 31F, 31G
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