Evidence Act
(3)
Seychelles
In this section—
"Competent Authority" means a person designated by a Convention State as a Competent Authority
to issue the certificate in accordance with Article 4 of the Convention and referred to in subsection
(2);
"Convention" means the Convention Abolishing the Requirements of Legalisation for Foreign Public
Documents signed at the Hague on 5th October, 1961;
"public document" means—
(a)
document emanating from an authority or an official connected with the courts or tribunals
of a Convention State, including those emanating from a public prosecutor, a clerk of a court
or a process server;
(b)
administrative documents;
(c)
notarial acts;
(d)
official certificates which are placed on documents signed by persons in their private
capacity, such as official certificate recording the registration of a document or the fact that
it was in existence on a certain date and official and notarial authentications of signatures;
but does not include
(4)
(e)
documents executed by diplomatic or consular agents; and
(f)
administrative documents dealing directly with commercial or customs operations.
Anything in subsection (2) shall not be deemed or taken to render inadmissible as evidence in the
courts of Seychelles any documents which before the commencement of that subsection would have
been admissible or would by law have been taken judicial notice of.
Admissibility and effect of judgments given in criminal jurisdiction
29.
Previous convictions as evidence
(1)
In a trial the fact that a person, other than, in the case of a criminal trial, the accused, has been
convicted of an offence by or before any court in the Republic shall be admissible in evidence for the
purpose of proving, where to do so is relevant to any issue in the trial, that that person committed
the offence or otherwise, whether or not any other evidence of his having committed that offence is
given.
(2)
In a trial, other than in a civil trial for defamation, in which by virtue of this section a person, other
than, in the case of criminal trial, the accused, is proved to have been convicted of an offence by or
before a court in the Republic, he shall be taken to have committed that offence unless the contrary
is proved.
(3)
In a trial for defamation where evidence is admissible of the fact that the person has committed
an offence, in so far as that evidence is relevant to any matter in issue in the trial, if the person
is proved to have been convicted of the offence by or before any court in the Republic he shall be
conclusively taken to have committed the offence.
(4)
In a criminal trial where evidence is admissible of the fact that the accused has committed an
offence, in so far as that evidence is relevant to any matter in issue in the trial, if the accused
is proved to have been convicted of the offence by or before any court he shall be taken to have
committed that offence unless the contrary is proved.
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