Page 363 - Magistrates Conference 2019

(a) if it refers to a fact which could be seen, it must be the evidence of a witness who says he or
she saw that fact; (b) if it refers to a fact which could be heard, it must be the evidence of a

witness who says he or she heard that fact; (c) if it refers to a fact which could be perceived by
any other sense or in any other manner, it must be the evidence of a witness who says he or she

perceived that fact by that sense or in that manner;

Provided also that if oral evidence refers to the existence or condition of any material thing other

than a document the Court may, if it thinks fit, require the production of the material thing for its

69
inspection.
When the accused is before a Magistrate at a preliminary inquiry, the Magistrate shall take the

evidence of the witnesses called on the part of the prosecution. The evidence of every witness
shall be given in the presence of the accused; and the accused, or his or her counsel, shall be

entitled to cross-examine each witness. The evidence of every witness shall be taken down in
writing by the Magistrate in a legible hand, and on one side only of the paper, in the form of a

70
deposition, and as nearly as possible in the witness’ own words.
The Magistrate shall as soon as may be after the committal of the accused, send to the Registrar

the information, if any, the depositions of the witnesses, the documentary exhibits thereto, the
statement of the accused, and all the recognisances entered into. All exhibits, other than

documentary exhibits, shall, unless the Magistrate otherwise directs, be taken charge of by the

71
police, and shall be produced by them at the trial.

Guyana

The Evidence Act Cap. 5.03 states that “judge” includes all persons authorised to take evidence,
either by law or by consent of the parties. Subject to the act and to any other written law for the

time being in force, the rules and principles of the common law relating to evidence shall, so far
72
as they are applicable to the circumstances of Guyana, be in force therein.

69 Grenada – Evidence Act Cap. 92, section 58
70 Grenada – Criminal Procedure Code Cap.72B, section 102
71 Grenada – Criminal Procedure Code Cap.72B, section 110
72 Guyana – Evidence Act Cap. 5.03, sections 2, 4
24