Page 352 - Magistrates Conference 2019

document in which the statement is contained, and may, in deciding whether or not a person is fit
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to attend as a witness, act on a certificate issued by a registered medical practitioner.

In estimating the weight to be attached to a statement rendered admissible as evidence by virtue
of this Part, regard shall be had to all the circumstances from which any inference may

reasonably be drawn as to the accuracy or otherwise of the statement and in particular, to the
question whether or not the statement was made contemporaneously with the occurrence or

existence of the facts stated, and to the question whether or not the maker of the statement had

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any incentive to conceal or misrepresent the facts.
Where a documentary label, tag or other document has been attached to an object, or a writing

has been placed on a document or object, being a document or writing that may reasonably be
supposed to have been so attached or placed in the course of a business, the hearsay rule does not

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prevent the admission or use of the document or writing.
Where a document has been:

a. produced by a telecommunications installation or

b. received from an external telecommunications carrier,

being a document that records a message that has been transmitted by means of a

telecommunications service, the hearsay rule does not prevent the admission or use of a
representation in the document for the following specified matters:

a. the identity of the person from whom or on whose behalf the message was sent;
b. the date on which, the time at which or the place from which the message was sent; or

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c. the identity of the person to whom the message was addressed.

For the purposes of this Act, where a representation is contained in a document that

a. was written, made, dictated or otherwise produced by a person, or

33 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 57(4)
34 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 58
35 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 60
36 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 61
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