Page 404 - Magistrates Conference 2019

A reference in subsection (4) to evidence does not include a reference to evidence of conduct—

(a) in the events in relation to which; or

(b) in relation to the investigation of the offence for which; the defendant is being prosecuted. 247

St. Vincent and the Grenadines

A person charged and being a witness may be asked any question in cross examination even if it

would tend to incriminate him as to the offence charged. 248

He shall not be asked and if asked, shall not be required to answer any question tending to show

that he has committed or been convicted of or charged with any offence other than that which he
is charged or that he is of bad character unless –

- He has personally or by his counsel asked questions of any witness for the prosecution
with a view to establishing his own good character or has given evidence of his own good

character or the nature or conduct of the defence is such as to involve imputation on the
prosecutor or the witnesses for the prosecution or

- He has given evidence against any other person charged in the same proceedings.

The proof that he has committed or been convicted of the other offence is admissible evidence to

show that he is guilty of the offence now charged. 249

Trinidad and Tobago

Good Character

Magistrates are obliged to take into account evidence of good character where it is distinctly

raised. If it is not raised and it therefore not taken into consideration, the question then arises
whether the defendant would have suffered any prejudice by the fact that it has not been raised.

As a matter of course, Magistrates should state in their reasons how they have taken the
defendant’s good character into account.

247 St Lucia – Evidence Act Chap. 4.15, section 94(5)
248 St. Vincent and the Grenadines - Evidence Act Cap. 220, section 10(1)
249 St. Vincent and the Grenadines - Evidence Act Cap. 220, section 10(2)(a)(b)(c)
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