Page 401 - Magistrates Conference 2019

prevent the admission or use of evidence that tends to prove that the accused is not a person of
good character in that respect. 232

The credibility rule does not prevent the admission or use of evidence that relates to the
credibility of a witness and has been adduced in cross-examination of the witness. 233

Evidence referred to in subsection (1) is not admissible if it (a) is relevant only to the credibility
of the witness; and (b) does not have substantial probative value as to the credibility of the

witness. 234

In determining whether the evidence referred to in subsection (1) has substantial probative value,

the court shall, among other things, consider

(a) whether the evidence tends to prove that the witness knowingly or recklessly made a false

representation at a time when the witness was under an obligation to tell the truth; and

(b) the period that has elapsed since the acts or event to which the evidence relates were done or

occurred. 235

Subject to this section, an accused shall not be cross-examined as to a matter that is relevant only

to his or her credibility unless the court gives leave. 236

Leave shall not be given for cross-examination by the prosecutor as to any matter that is relevant

only to the credibility of the accused unless

(a) evidence has been adduced by the accused that tends to prove that the accused is, either
generally or in a particular respect, a person of good character; or

(b) evidence has been admitted that

(i) was given by the accused;

(ii) tends to prove that a witness called by the prosecutor has a tendency to be untruthful;

and

232 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 103(4)
233 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 104(1)
234 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 104(2)
235 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 104(3)
236 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 105(2)
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