Evidence Act
Seychelles
Provided that it shall be competent for the court, at any time during the trial, to require the production of
the writing to be used for the purposes of the trial in any way that to the court seem proper.
11.
Rogation
The Supreme Court may in any civil cause or matter, when a party or witness cannot attend before the
court through illness or other lawful impediment and where it shall appear necessary for the purposes
of justice, make an order for the examination on personal answers or upon oath or solemn affirmation
before any person appointed to be examiner; and at any place, of any witness or person, and may make
such order as may seem proper as to notices to be given to interested parties and as to the mode in which
such examination is to be conducted, and may order any deposition so taken to be filed in the registry of
the court, and the court may, at the hearing of such cause or matter, of the court, and the court may, at the
hearing of such cause or matter, empower any party to any such cause or matter to give such deposition
in evidence therein on such terms, if any, as the court may direct. Every examiner so appointed shall have
power to administer an oath or solemn affirmation.
11A. Evidence of a child
At any trial the evidence of a child shall be received unless it a child appears to the court that the child is
incapable of giving intelligible evidence.
11B. Evidence of vulnerable witness
(1)
In this section—
"Special arrangement" means an arrangement for—
(a)
evidence of a witness to be given outside the courtroom and simultaneously transmitted to
the courtroom by means of close circuit-television;
(b)
obscuring a witness’ view of a party to whom the evidence of the witness relates or any other
person who might intimidate or otherwise cause distress to the witness to be seen and heard
by the court and the parties to the proceedings by allowing the witness to give evidence
behind a screen, partition or one-way glass;
(c)
a witness shall be accompanied by a relative or friend for the purpose of providing emotional
support to the witness but where the relative or friend is visible to and can be heard by the
court and all parties to the proceedings;
"vulnerable witness" means—
(2)
(a)
a witness who is under the age of 16 years;
(b)
a witness who suffers from an intellectual disability;
(c)
a witness who is the alleged victim of a sexual offence to which the proceedings relate;
(d)
a witness who is, in the opinion of the court, at some special disadvantage because of the
circumstances of the case, or the circumstances of the witness.
Where the court is of the opinion that it is desirable and practicable that special arrangement be
made for the taking of evidence from a vulnerable witness—
(a)
to protect the witness from embarrassment or distress;
(b)
to protect the witness from being intimidated by the atmosphere of the courtroom;
(c)
for any other proper reasons,
and that the special arrangement would not prejudice a party to the proceedings the court may,
subject to this section, make an order accordingly.
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