Page 368 - Magistrates Conference 2019

A party producing a witness shall not be allowed to impeach his credit by general evidence of
bad character, but he may, in case the witness shall, in the opinion of the judge, prove adverse,

contradict him by other evidence, or by leave of the judge, prove that he has made, at other
times, a statement inconsistent with his present testimony; but, before such last mentioned proof

can be given, the circumstances of the supposed statement, sufficient to designate the particular

occasion, must be mentioned to the witness, and he must be asked whether or not he has made
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such a statement.

If a witness, upon cross examination as to a former statement made by him relative to the subject
matter of the cause and inconsistent with his present testimony, does not distinctly admit that he

has made such a statement, proof may be given that he did in fact make it, but, before such proof
can be given, the circumstances of the supposed statement, sufficient to designate the particular

occasion, must be mentioned to the witness, and he must be asked whether or not he has made
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such statement.

Antigua and Barbuda

A party producing a witness shall not be allowed to impeach his credit by general evidence of
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bad character.
If a witness, in the opinion of the court, proves adverse, the party producing the witness may

contradict him by other evidence, or, by leave of the court, may prove that he had made at other

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times a statement inconsistent with the testimony being given.
Before attempting to prove an inconsistency, the party attempting to prove it shall outline the

circumstances of the inconsistent statement in sufficient detail to the witness, and the witness
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shall be given an opportunity to reply.

Where the party producing a witness alleges that the witness made at another time a statement in
writing, or a statement which has been reduced to writing, or recorded by a reliable means, that is

85 Anguilla – Evidence Act Chap. E65, section 15
86 Anguilla – Evidence Act Chap. E65, section 16
87 Antigua and Barbuda – The Evidence (Special Provisions) Act No. 5 of 2009, section 10(1)
88 Antigua and Barbuda – The Evidence (Special Provisions) Act No. 5 of 2009, section 10(2)
89 Antigua and Barbuda – The Evidence (Special Provisions) Act No. 5 of 2009, section 10(3)
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