December 11th, 2015 -- Mr. Speaker, I wish to have the Bill shortly entitled the Criminal Procedures (Amendment) Bill, 2015, read a second time. This Bill seeks to make a small but very important amendment to the Criminal Procedures Act by correcting the references to “sections14, 15, and 16 of the Evidence Act” with a reference to “sections 38, 42 and 42A of the Evidence Act”.
It is anticipated that this small amendment would clarify a matter which has been disputed in the courts and should ensure that the statements of hostile witnesses would be admissible in criminal proceedings.
Mr. Speaker, this amendment is necessary because in 2011 a new Evidence Act was enacted and it repealed the Evidence Act of 2002. Although the Evidence Act of 2002 was repealed the references that were made to its provisions in the Criminal Procedures Act were not expressly updated.
Mr. Speaker, this Bill would provide for the correct cross references to the current Evidence Act. The Bill would therefore seek to reinforce the legislative arrangement that provided for the treatment of the statements of hostile witnesses.
Mr. Speaker, the provisions of section 58 of the Criminal Procedures Act provides for the admissibility of statements made by hostile witnesses. If this amendment is enacted the law would clearly provide that, a statement made by a witness who is declared hostile in any proceedings shall be admissible in any criminal proceedings as evidence of the truth of any facts therein.
Mr. Speaker the law would also more effectively provide that evidence given at a preliminary inquiry of a crime, by a hostile witness, shall be admissible in any criminal proceedings as evidence of the truth of any facts therein.
Additionally, Mr. Speaker, the law would clearly state that where there is any inconsistency between statements made by a hostile witness in any criminal proceedings andthat same witness also gaveevidence at a preliminary inquiry then PI evidence is admissible. It would then be a matter for the Courtto determine which of that evidence or which statement is the truth.
Mr. Speaker, it is anticipated that this particular amendment should assist in ensuring that justice would be done and that the guilty would pay for their crimes and that the Federation of St Kitts and Nevis would be a safer place.
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