Page 392 - Magistrates Conference 2019
P. 392

A person charged and called as a witness in pursuance of this act 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 wherewith he is then charged, or is of
               bad character, unless:


                   (i)    the proof that he has committed or been convicted of such other office is admissible
                          evidence to show that he is guilty of the offence with which he is then charged;

                   (ii)   he has personally or by  his advocate asked questions of the witnesses for the

                          prosecution with a view to establish his own good character, or has given evidence of
                          his good character or the nature or conduct of his defence is such as to involve

                          imputations on the character of the prosecutor of the witnesses for the prosecution, or
                   (iii)   he has given evidence against any other person charged with the same offence. 198


               Barbados

               Good Character

               The hearsay rule, the opinion rule and the tendency rule do not accused prevent the admission or

               use of evidence adduced by an accused that tends to prove that the defendant is, either generally

               or in a particular respect, a person of good character. 199

               Where evidence that tends to prove that the accused is generally a person of good character and
               the tendency rule do not prevent the admission or use of evidence that tends to prove that the

               accused is not generally a person of good character. 200

               Where evidence that tends to prove that the accused is a person of good character in a particular

               respect has been admitted, the hearsay rule, the opinion rule and the tendency rule do not prevent

               the admission or use of evidence that tends to prove that the accused is not a person of good
               character in the respect. 201


               Bad Character





               198  Antigua and Barbuda – Evidence Act Cap. 155 6(e)
               199  Barbados – Evidence Act Cap. 121, section 88(2)
               200  Barbados – Evidence Act Cap. 121, section 88(3)
               201  Barbados – Evidence Act Cap. 121, section 88(4)
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