Page 403 - Magistrates Conference 2019

An accused in criminal proceedings shall not be cross-examined as to matters arising out of
evidence to which sections 88 or 89 applies except with the leave of the court. 242

The hearsay rule, the opinion rule and the credibility rule do not prevent the admission or use of
evidence adduced by a defendant that tends to prove that the defendant is, either generally or in a

particular respect, a person of good character. 243

Where evidence that tends to prove that the defendant 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 defendant is not generally a person of

good character. 244

Where evidence that tends to prove that the defendant 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 prevent the admission or use of evidence that tends to prove that the defendant is not a person
of good character in that respect. 245

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

relevant only to the credibility of the defendant unless—

(a) evidence has been adduced by the defendant that tends to prove that the defendant 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 defendant;

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

(iii) was adduced solely or mainly to impugn the credibility of that witness. 246

242 St Lucia – Evidence Act Chap. 4.15, section 90
243 St Lucia – Evidence Act Chap. 4.15, section 92(2)
244 St Lucia – Evidence Act Chap. 4.15, section 92(3)
245 St Lucia – Evidence Act Chap. 4.15, section 92(4)
246 St Lucia – Evidence Act Chap. 4.15, section 94(4)(a)(b)
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