Page 365 - Magistrates Conference 2019

St Kitts and Nevis and St Lucia

When documentary evidence is introduced in Court, it becomes an exhibit. When a party is

tendering an exhibit in Court, Magistrates should check that:

a. the witness has seen the item;

b. the witness has been able to identify the item to the Court;
c. the party seeking to have the item become an exhibit formally asked to tender it to the

Court; and
d. 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.
e. 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.

f. 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.

St Vincent and the Grenadines

Once an article has become an exhibit the court bears the responsibility to preserve and retain or

arrange for its preservation and retention until the trial ends. Normally the court entrusts the

exhibits to the police or the DPP. If the prosecution is entrusted with the exhibits pending trial it
has the duty to:

a. take all proper care to preserve the exhibits safely from loss or damage;

b. to co-operate with the defence in order to permit them reasonable access to the exhibits

for the course of inspection and examination; and

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