Page 368 - Magistrates Conference 2019

Magistrate treats any document or object referred to as an exhibit in such a statement, as an
exhibit produced and identified in Court by the maker of the statement, the Magistrate shall be

satisfied that the document or object is sufficiently described in the statement for it to be
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identified.

(e) Rebuttal Evidence

Rebuttal evidence is evidence that is produced by a party that tends to oppose or disprove

evidence introduced by the other party. In general, the prosecution is expected to adduce all the
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evidence on which it intends to rely before the close of the case for the prosecution R v Rice.

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However, there are three exceptions to this practice:
a. where any matter arises ex improviso which the prosecution could not foresee, evidence

may be given in reply to this new matter;
b. where the evidence is a mere formality Khatibi v DPP ;
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c. in very exceptional cases in the light of the facts of the particular case: R v McKain.
After any evidence is called by the defence the prosecution may introduce further evidence if it is

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then admissible to rebut evidence adduced by the defence. In deciding whether to exercise their
discretion to permit the calling of evidence after the close of the prosecution case, the magistrates

must look carefully at the interests of justice overall, and in particular the risk of any prejudice to

the defendant.

Anguilla

79 Trinidad and Tobago – Summary Courts Act Chap. 4:20, section 63B(5)
80 [1963] 1 All ER 832
th
81 Seetahal D, Commonwealth Caribbean Criminal Practice and Procedure, 4 ed. p 276
82 (2004) 168 JP 36,
83 (1994) 47 WIR 290
84 Blackstone's Criminal Practice 2015, Section D22 Summary Trial: The Course of the Trial, Defence Case and Speeches -
Evidence in Rebuttal
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