Page 361 - Magistrates Conference 2019

The examining magistrate may review any exhibits produced before the court and may take
possession of them.

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Dominica

When documentary evidence is introduced in Court, it becomes an exhibit. When a party is
tendering an exhibit in Court, Magistrates should check that:

• the witness has seen the item;

• the witness been able to identify the item to the Court;
• the party seeking to have the item become an exhibit formally asked to tender it to the

Court; and

• the opposing party been put on notice about the existence of the exhibit and through an
application have the authority to inspect all document s in the custody or under the

control of the opposite party relating to the action.

Once a document or article has become an exhibit, magistrates have a responsibility to preserve
and retain all documents until the trial is concluded. Magistrates must ensure that the documents

are marked and recorded. The recording or marking must state the existence of the item, and that

the item or document is entrusted to the Police Service for safekeeping. Additionally, magistrates
must make certain that proper care is taken to keep the exhibit safe from loss or damage; and that

if the Police are entrusted with the item, that the defence is given reasonable access to it for

inspection and examination.

Grenada

Oral evidence must in all cases whatever be direct, that is to say—

67 Belize – Indictable Procedure Act Chap. 96, section 37(5)
68 Dominica – Evidence Ordinance, section 11
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