Evidence Act Seychelles (3) Where, on a trial by jury, the court makes an order under subsection (2), the judge shall warn the jury not to draw from that fact any inference adverse to an accused and not to allow it to influence the weight to be given to the evidence of the witness in respect of whom the order was made. (4) The Court may, of its own motion or on the application of a party to the proceeding or the witness, vary or revoke an order made under subsection (2). 11C. Evidence of witness from outside the courtroom (1) In this section "live television link" means an arrangement for the evidence of a witness to be given from outside the courtroom, or from outside Seychelles, and transmitted to the courtroom by means of a two-way simultaneous video and audio link. (2) Where— (a) a person other than the accused is outside Seychelles; or (b) it is not reasonably practicable for a person, other than the accused, to be brought before the court in person; and (c) the court is of the opinion that it is desirable and practicable that the person give evidence before the court under this section; and (d) the arrangement would not unfairly prejudice a party to the proceedings, then the court may subject to this section make an order that the person give evidence through a live television link. (3) In making an order under this section, the court may set out such conditions as appear just and necessary, and in particular may require that— (a) the evidence be given from a particular location; or (b) the evidence be given in the presence of a person approved by the court. (4) Where, in a trial by jury, the court makes an order under subsection (2), the judge shall warn the jury not to draw from that fact any inference adverse to an accused and not to allow it to influence the weight to be given to the evidence of the witness in respect of whom the order was made. (5) The Court may at any time, of its own motion or on the application of a party to the proceedings or the witness, vary or revoke an order made under subsection (2). (6) A statement under oath given in evidence under this section shall be treated as if it had been given in the proceedings in the courtroom. [section 11C inserted by Act 23 of 2013 with effect from 6 January 2014] 12. English law of evidence and practice to be followed Except where it is otherwise provided in this Act or by special laws now in force in Seychelles or hereafter enacted, the English law of evidence for the time being shall prevail. 13. Evidence to prove unrecorded event did not happen (1) Where in any trial the happening of an event of any description is in question, and it is shown that a system has been followed whereby a person acting under a duty has compiled a record of the happening of all events of that description, oral or other evidence that there is no record of the happening of the event in question shall be admitted to prove that the event did not happen. (2) Where evidence is, or is proposed to be tendered under this section, the court may require that the whole or part of the record concerned be produced and, in default, may reject the evidence or, if it has been received, exclude it. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos