Page 387 - Magistrates Conference 2019

Where it is proposed that the person making an expert report shall not give oral evidence, the
report may only be admitted in evidence with the leave of the court. 170

In determining whether to give leave for the admission in evidence of an expert report, the court
shall consider the following: (a) the contents of the report; (b) the reasons why it is proposed that

the person making the report shall not give oral evidence; (c) any risk, in particular the
probability that statements in the report may be controverted if the person making the report does

not attend to give oral evidence in the proceedings, that its admission or exclusion would result

in unfairness to the accused or, if there is more than one accused, to any of them; and (d) any
other circumstances that appear to the court to be relevant. 171

An expert report, when admitted, shall be evidence of any fact or opinion of which the person
making the report could have given oral evidence. 172

St. Lucia

This section applies reports made under the Medical Evidence Act, the Firearms Act, and the

Drugs (Prevention of Misuse) Act, and other expert reports. 173

An expert report is admissible as evidence in criminal proceedings, whether or not the person

making it attends to give oral evidence in those criminal proceedings. 174

Where it is proposed that the person making an expert report shall not give oral evidence, the

report may only be admitted in evidence with the leave of the court. 175

For the purpose of determining whether to give leave for the admission in evidence of an expert
report, the court shall have regard to the following: (a) the contents of the report; (b) the reasons

why it is proposed that the person making the report shall not give oral evidence; (c) any risk in

particular, the probability that statements in the report may be controverted if the person making
the report does not attend to give oral evidence in the proceedings, that its admissions or

169 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 59(1)
170 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 59(2)
171 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 59(3)
172 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 59(4)
173 St. Lucia – Evidence Act Cap. 4:15, section 59(1)
174 St. Lucia – Evidence Act Cap. 4:15, section 59(2)
175 St. Lucia – Evidence Act Cap. 4:15, section 59(3)
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