Chapter 001:08 - Legislative Bodies (Evidence)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/417-chapter-108-legislative-bodies-evidence/file

L.R.O. 1/2012
LAWS OF GUYANA
LEGISLATIVE BODIES (EVIDENCE) ACT
CHAPTER 1:08
Act
7 of 1880
Amended by
7 of 1882 21 of 1901
4
6
of
of
1972
1997

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 8 ... 1/2012





LAWS OF GUYANA
2 Cap. 1:08 Legislative Bodies (Evidence)
L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


LAWS OF GUYANA
Legislative Bodies (Evidence) Cap. 1:08 3
L.R.O. 1/2012
CHAPTER 1:08
LEGISLATIVE BODIES (EVIDENCE) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Power to legislative body to summon person to give evidence and to
produce documents.
4. Administration of oath or affirmation to witness.
5. Apprehension of witness refusing or neglecting to attend.
6. Committal of witness in certain cases.
7. Privilege of witness.
8. Perjury.
SCHEDULE - Forms
1929 Ed.
c. 6
1953 Ed.
c. 67 _______________________________________________________
7 of 1880 An Act for enabling the Cabinet and certain Committees of
the National Assembly to procure and take evidence.
[28TH JULY, 1880]
Short title.
Interpretation.
[4 of 1972]
1. This Act may be cited as the Legislative Bodies
(Evidence) Act.
2. In this Act –
“Committee” means a Committee referred to in the definition
of “legislative body”
“legislative body” means—
LAWS OF GUYANA
4 Cap. 1:08 Legislative Bodies (Evidence)
L.R.O. 1/2012

Power to
legislative body
to summon
person to give
evidence and to
produce
documents.
[4 of 1972]
Schedule
Form 1
Administra-
tion of oath or
affirmation to
witness.
[4 of 1972]
(a) the Cabinet; or
(b) any Special Select Committee of the
National Assembly; or
(c) any Committee of the National Assembly
empowered by resolution of the Assembly
to summon witnesses.
3. (1) Where it appears to a legislative body that
anyone within Guyana is able to give any information with
respect to the subject matter of any question arising for its
determination or has any books, plans, or documents in his
possession or under his control in any way relating to the
subject matter of that question, that body may cause a
summons to be issued to the person in Form 1 in the
Schedule, or, in any other form the circumstances render
expedient, requiring the person to be and appear before the
legislative body at the time and place specified, for the
purpose of being examined (and, if so required, then and
there to produce the books, plans, or documents mentioned in
the summons), and thereafter to remain in attendance until
permitted to withdraw.
(2) The summons shall be served by the Registrar
or by a marshal, and may be served in the same way as a
summons is now by law required to be served on a person
who is summoned to attend as a witness before the High
Court in its civil jurisdiction.
4. (1) A legislative body may administer an oath to
any witness examined before it.
(2) Any oath to be administered to a witness
appearing before the Cabinet or before a Committee shall be
administered by the Secretary to the Cabinet or by the
Chairman of the Committee or a person appointed by the
LAWS OF GUYANA
Legislative Bodies (Evidence) Cap. 1:08 5
L.R.O. 1/2012

Apprehension
of witness
refusing or
neglecting to
attend.
Schedule
Form 2
[4 of 1972]
Committal of
witness in
certain cases.
[4 of 1972
6 of 1997]
Chairman, as the case may be.
5. If any person summoned to attend as a witness
before a legislative body, refuses or neglects, without
sufficient cause, to attend at the time and place mentioned in
the summons, that body may issue a warrant in Form 2 in the
Schedule, or in any other form the circumstances require,
signed by the person carrying out the functions of secretary to
the body, authorising and directing the Registrar or any
marshal to arrest that person and detain him in custody until
he can be brought before the legislative body:
Provided that no person shall be detained under the
warrant for a longer period than one week.
6. Every person who—
(a) being summoned to attend as a witness
before a legislative body –
(i) refuses to be sworn; or
(ii) where he conscientiously objects to
take an oath, refuses to make a
solemn affirmation and declaration;
or
(iii) refuses to answer, or to answer
fully and satisfactorily, to the best of
his knowledge and belief, all
questions put to him; or
(iv) if required to produce any
books, plans, or documents in his
possession or under his control,
refuses or omits, without sufficient
cause to do so; or
(b) being present before the legislative body,
wilfully insults any member thereof,
LAWS OF GUYANA
6 Cap. 1:08 Legislative Bodies (Evidence)
L.R.O. 1/2012

Privilege of
witness.
[4 of 1972]

Perjury.
shall be liable on summary conviction to a fine of thirty-two
thousand five hundred dollars and to imprisonment for six
months:
Provided that where the improper conduct has taken
place before any committee of the National Assembly, the
circumstances shall be reported in writing by that committee
to the Council.
7. Upon consideration by a legislative body of
any question arising for its determination—
(a) every witness examined under this Act
shall be entitled to the same protection,
privileges, and immunities as a witness in
the High Court in its civil jurisdiction; and
(b) no officer of the public service who is
charged with the commission of any breach
of his duty shall be required to give any
evidence or make any statement upon oath
with respect to or in connection with any
charge against himself; and
(c) three or more members of the Cabinet or
of a Committee shall have all the powers of
the Cabinet or of that Committee,
respectively, under this Act.
8. Every person examined under this Act who
wilfully gives false evidence shall be guilty of perjury.

LAWS OF GUYANA
Legislative Bodies (Evidence) Cap. 1:08 7
L.R.O. 1/2012
SCHEDULE
FORM 1
SUMMONS TO WITNESS
To A.B.
You are hereby required to appear before the Cabinet of
Guyana [or before the Special Select Committee appointed
by the National Assembly on .................. or before the
Committee appointed by the National Assembly on
.................... or before the Committee of Ways and Means] at
[place] at .............. o’clock, ..... m., on the .......... day of
........................, and thereafter to remain in attendance until
permitted to withdraw. [If the production of any books, plans, or
documents is required, add, and you are hereby further required
then and there to produce (here describe in general terms the
books, plans, or documents required).]
Therefore fail not at your peril.
Dated this ……day of …., 20
___________
FORM 2
WARRANT OF APPREHENSION WHERE WITNESS
NEGLECTS TO ATTEND
To the Registrar and all Marshals.
Whereas A.B. was duly summoned to appear as a witness
before [as in last form] at ...........o’clock........ m., on the
..........day of...............20 ........; And Whereas the said summons
LAWS OF GUYANA
8 Cap. 1:08 Legislative Bodies (Evidence)
L.R.O. 1/2012
has, by the return of the marshal, been duly served; And
Whereas the said A.B. has neglected to obey the said
summons—Now Therefore this is to empower you to
apprehend the said A.B. and bring him before [as in last
form] and for so doing, this shall be your sufficient warrant.
Issued by direction of the Cabinet of Guyana [or by
direction of the
Special Select Committee appointed by the National
Assembly on
................ or by direction of the Committee appointed by
the National Assembly on ............. or by direction of the
Committee of Ways and Means].
Dated this .....................day of .................., 20
(Signed)
__________________
Read Entire Law on legalaffairs.gov.gy