Page 400 - Magistrates Conference 2019
P. 400
Where evidence that tends to prove that the accused is a person of good character in a particular
respect has been admitted, the hearsay rule, the opinion rule and the tendency rule do not prevent
the admission or use of evidence that tends to prove that the accused is not a person of good
character. 227
An accused in criminal proceedings shall not be cross-examined as to matters arising out of
evidence to which section 100 applies except with the leave of the court. 228
Bad Character – Credibility
Evidence that relates to the credibility of a witness is not admissible to prove that the evidence of
the witness should or should not be accepted.
Where such evidence is relevant otherwise than as mentioned in subsection that subsection does
not prevent the use of the evidence to prove that the evidence of the witness should or should not
be accepted. 229
The hearsay rule, the opinion rule and the credibility rule do not prevent the admission or use of
evidence adduced by an accused that tends to prove that the accused is either generally or in a
particular respect, a person of good character. 230
Where evidence that tends to prove that the accused is generally a person of good character has
been admitted, the hearsay rule, the opinion rule and the credibility rule do not prevent the
admission or use of evidence that tends to prove that the accused is not generally a person of
good character. 231
Where evidence that tends to prove that the accused is a person of good character in a particular
respect has been admitted, the hearsay rule, the opinion rule and the credibility rule do not
227 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 100(4)
228 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 101
229 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 102(1)(2)
230 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 103(2)
231 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 103(3)
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