Page 393 - Magistrates Conference 2019
P. 393

In criminal proceedings, the hearsay rule and tendency rule do not prevent the admission or use
               of evidence of an opinion about an accused adduced by some other accused. 202


               Where evidence of an opinion as mentioned in  subsection (1) 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 evidence should not be accepted. 203

               Subject to this section, an accused may not be cross-examined as to a matter that is relevant only

               to the credibility of the accused unless the court gives leave. 204

               Leave shall not be given for cross-examination by the prosecutor as to any other matter that is

               relevant only to the credibility of the accused unless:

               (a) evidence has been adduced by  the accused that tends to prove  that  the accused is, either

               generally or in a particular respect, a person of good character; or

               (b)  evidence has been admitted that (i) was  given by the accused,  (ii)  tends to prove that a

               witness called by the prosecutor has a tendency to be untruthful, and (iii) was adduced solely or
               mainly to impugn the credibility of that witness. 205


               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 accused is being prosecuted. 206




               Belize

               Good Character


               In criminal causes or matters, the fact that the defendant or the accused person, as the case may
               be, has a good character may be proved, but the fact that he has a bad character is inadmissible in



               202  Barbados – Evidence Act Cap. 121, section 89(1)
               203  Barbados – Evidence Act Cap. 121, section 89(2)
               204  Barbados – Evidence Act Cap. 121, section 95(2)

               205  Barbados – Evidence Act Cap. 121, section 95(4)
               206  Barbados – Evidence Act Cap. 121, section 95(5)
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