Page 380 - Magistrates Conference 2019

person making the report shall not give oral evidence; (c) any risk, in particular, the probability
that statements in the report may be controverted if the person making the report does not attend

to give oral evidence in the proceedings, that its admissions or exclusion would result in
unfairness to the accused or, if there is more than one accused to any of them; and (d) to any

other circumstances that appear to the court to be relevant. 136

An expert report, when admitted, shall be evidence of any fact or opinion of which the person

making the report could have given oral evidence. 137

In this Act “expert report” means a written report by a person dealing wholly or mainly with

matters on which he is (or would if living) be qualified to give expert evidence. 138

Belize

Where there is a question as to any point of science or art, the opinion upon that point of a person

specially skilled in the science or art is admissible in evidence. 139 It is the duty of the judge 140 to
decide whether the skill of any person in the matter on which evidence of his opinion is offered

is sufficient to entitle him to be considered as an expert. 141

The opinion of an expert as to the existence of the facts on which his opinion is to be given is

inadmissible unless he perceived those facts himself. 142 Whenever the opinion of any living

136 Barbados – Evidence Act Cap. 121, section 59(3)
137 Barbados – Evidence Act Cap. 121, section 59(4)
138 Barbados – Evidence Act Cap. 121, section 59(5)
139 Belize – Evidence Act Cap. 95, section 45(1). Note that such a person is called an expert and that the words “science or art”
include all subjects on which a course of special study or experience is necessary to the formation of an opinion and, amongst
others, the examination of handwriting.
140 Belize – Evidence Act Cap. 95, section 2 “Judge” includes all persons authorised to take evidence either by law or by consent
of parties
141 Belize – Evidence Act Cap. 95, section 45(5)
142 Belize – Evidence Act Cap. 95, section 45(6). See section 45(4) on expert opinion on foreign law; section 47 as to expert
opinion on handwriting
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