Chapter 005:03 - Evidence

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/442-chapter-503-evidence/file

L.R.O. 1/2012
LAWS OF GUYANA
EVIDENCE ACT
CHAPTER 5:03
Act
20 of 1893
Amended by
35 of 1929 12 of 1983 O.37/1966A
21 of 1932 5 of 1987 O. 15/1970
29 of 1935 20 of 1997
46 of 1952 10 of 2002
29 of 1961 10 of 2008
4 of 1972 19 of 2008

7 of 2010


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 72 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note
on
Revision
O. 36/1989, Commissioners to Administer Oaths to Affidavits (Fees) Order has
been omitted from this publication.
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CHAPTER 5:03
EVIDENCE ACT
ARRANGEMENT OF SECTIONS
SECTION
PRELIMINARY SECTION
1. Short title.
2. Interpretation.
3. Application.
4. Operation of common law rules and principles.
5. Saving of special provisions as to evidence in other written laws.
PART I
RELEVANCY
Guilty Knowledge
6. Proof of previous possession of stolen property on charge of
receiving.
Contents of Documents
7. Recital of fact in Act or proclamation.
8. Entry in public record made in performance of duty.
9. Statement in work of history, map, chart or plan.
10. Entry in banker’s book.
11. Right of banker to refuse to produce books.
12. Order of court for inspection of banker’s books.
13. Application of provisions relating to banks.
14. Use for evidence of entries in book of account.
Opinions
15. General rule as to inadmissibility of opinion.
16. Opinion of expert on point of science, or art, or foreign law.
17. Fact bearing upon opinion of expert.
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SECTION
18. Opinion as to handwriting.
19. Comparison of handwritings.
20. Grounds of opinion.
Character
21. General rule as to inadmissibility of evidence of character.
22. Evidence of character in criminal cases.
23. Character as affecting damages.
PART II
PROOF
Facts Judicially Noticed
24. Facts of which judicial notice is to be taken.
25. Proof of fact judicially noticed.
26. Fact admitted by party to civil proceeding.
Proof of Private Documents
27. Proof of execution of documents executed within the
Commonwealth.
28. Proof of execution of documents executed outside the
Commonwealth.
29. Recording and effect of instruments notarially executed outside the
Commonwealth.
30. Admissibility in evidence of seal and signature of consular officer as
proof of certain documents.
31. Admissibility in evidence of signature and seal of justice of the
peace, etc., as proving statutory declaration.
32. Onus of disproof of signature, admissible in evidence
33. Proof of document not requiring attestation.
Proof of Public Documents
34. Records of Commonwealth Territories.
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SECTION
35. Records of Guyana.
36. Minutes of National Assembly.
37. Enactments and Minutes of Commonwealth legislatures.
38. (1) Proof of statutory instruments not falling within section 24.
(5) Proof of applied statutory instruments.
39. Evidence of President’s act, authorisation or approval in certain
cases.
40. Proof of foreign and colonial acts of state, judgments, orders and
judicial proceedings.
41. Proof of statutory notice.
42. Proof of legal process.
43. (1) Report of Analyst to be received as evidence.
(2) A report of a medical practitioner admissible in a magistrate’s
court.
43A. Report of authorised analyst received as evidence.
43B. Certification of accuracy of speedometers, radar and weighing
devices.
44. Certified copy of document.
45. Admissibility of document admissible in courts in England and
Wales and Ireland.
46. Use in first instance of authenticated copy of document.
47. Certified copies of writings in custody of public officer.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
Competency and Privilege of Witnesses
48. General rule as to competency of witnesses.
49. Incompetency of witnesses generally.
50. Evidence of access.
51. Competency in criminal cases.
52. Competency of witnesses in criminal cases.
53. Evidence of person charged.
54. Right of reply.
55. Calling of wife or husband in certain cases.
56. Application of four last preceding sections.
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SECTION
57. Admissibility on trial for indictable offence of prisoner’s statement
before magistrate.
58. Competency in proceedings relating to adultery.
59. Privilege as to question involving incrimination.
60. Power of judge to forbid certain questions.
61. Cases in which corroborative evidence is required.
62. Corroboration required in case of perjury.
63. Evidence in case of treason.
Sanction of Evidence
64. Sanction of oral evidence.
65. Administration of oath.
66. Form of evidence generally.
67. Swearing with uplifted hand.
68. Validity of oath not affected by absence of religious belief.
69. Cases in which affirmation may be made instead of oath.
70. (1) Form of oral affirmation.
(2) Form of affirmation in writing.
71. Evidence of persons ignorant of nature of oath.
72. Interpretation of evidence in criminal cause.
Oral Evidence
73. Different modes of taking oral evidence.
73A. Taking evidence and making submissions by audio visual link.
73B. Legal recognition of use of audio visual link facilities in civil and
criminal proceedings.
73C. Use of audio visual link facilities for identification parade.
Examination of Witness
74. Examination in chief, cross-examination and re-examination.
75. Limitations of right of examination in chief, cross-examination and
re-examination.
76. Rule as to leading questions.
77. Cross-examination as to accuracy, impartiality or credit.
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SECTION
78. Exclusion of evidence to contradict answer to question testing
accuracy, previous conviction or impartiality.
79. Proof of statement inconsistent with present testimony.
80. Cross-examination as to previous statement in writing.
80A. Questions by party who called the witness.
80B. Admissibility of statement made by a witness under section 80A.
81. Impeaching credit of witness.
82. [Repealed by Act No. 7 of 2010]
83. Proof of matters in reference to declaration of deceased person or
deposition.
84. Refreshing memory of witness.
85. (1) Giving, as evidence, document called for and produced on notice.
(2) Using as evidence document not produced on notice.
86. Compelling person present in court to give evidence.
87. Exemption from personal attendance of person summoned only to
produce document.
88. General power of judge as to calling for evidence.
Documentary Evidence
89. Interpretation.
90. Admissibility of documentary evidence as to facts in issue.
91. Documents produced by computers.
92. Admissibility of certain documents in criminal proceedings,
business records.
93. Weight to be attached to evidence
93 A. Proof of instrument to validity of which attestation is necessary.
93 B. Presumption as to documents twenty years old.
94. Savings as the other provisions relating to evidence.
94 A. Fax.
Use of Depositions
95. Giving depositions in evidence at trial.

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PART IV
MISCELLANEOUS PROVISIONS
SECTION
96. (1) Appointment of commissioners to administer oaths to affidavits.
(4) Fee.
97. Taking of oaths outside Guyana.
98. Persons as to oaths and notarial act abroad.
99. Summary power of committal of person deemed guilty of perjury.
100. Punishment of person affirming falsely.
101. Bringing up of prisoner to give evidence.
102. Saving of tenure of office of existing commissioners.
SCHEDULE-Enactments referred to in section 55.
__________________________

1929 Ed.
c. 35
1953 Ed.
c.25 _______________________________________________________
20 of 1893 An Act to consolidate and amend the Laws relating to
Evidence.
[1st MARCH, 1894]
Short title.
Interpretation.
[20 of 1997]
PRELIMINARY
1. This Act may be cited as the Evidence Act.
2. In this Act–
“authorised analyst” means a person designated as such by
the Minister responsible for the Motor Vehicles and Road
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EVIDENCE ACT

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c. 51:02

Application.
Traffic Act for the purposes of that Act;
“banker’s book” includes any ledger, day book, cash book,
account book, and any other book used in the ordinary
business of a bank, and any electronic equipment or
object on which particulars of any transaction made by
the bank are stored;
“Court” means any court in Guyana having jurisdiction to
hear and determine causes and matters, whether civil or
criminal;
“facts in issue” means—
(a) all facts which, by the form of the
pleadings in any action or other
proceeding, are affirmed on one side
and denied on other; and
(b) in actions or other proceedings in
which there are no pleadings, or in
which the form of the pleadings is
such that distinct issues are not joined
between the parties, all facts from the
establishment of which the existence,
non-existence, nature, or extent of any
right, liability, or disability, asserted,
or denied, in any such case would by
law follow;
“judge” includes all persons authorised to take evidence,
either by law or by consent of parties.
3. Unless the contrary is in any case expressly
provided, or by necessary implication appears to be intended,
the provisions of this Act shall, so far as they extend and are
respectively appropriate thereto, apply to all causes and
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Operation of
common law
rules and
principles.
Saving of
special
provisions as to
evidence in
other written
laws.
Proof of
previous
possession of
stolen property
on charge of
receiving.
matters in all courts of justice and before all judges in Guyana.
4. Subject to this Act and to any other written law for
the time being in force, the rules and principles of the common
law relating to evidence shall, so far as they are applicable to
the circumstances of Guyana, be in force therein.
5. Nothing in this Act shall affect any special
provision as to the proof of any document or thing, or
otherwise relating to evidence, contained in any other written
law for the time being in force and not repugnant to this Act.
PART I
RELEVANCY
Guilty Knowledge
6. (1) Where proceedings are taken against anyone for
having received anything knowing it to be stolen, or for
having in his possession any stolen thing, evidence may be
given, at any stage of the proceedings, that there was found in
the possession of that person any thing stolen within the
twelve months immediately preceding, and that evidence may
be taken into consideration for the purpose of proving that the
person knew the thing to be stolen which forms the subject of
the proceedings so taken against him.
(2) Where proceedings are taken against anyone for
having received anything knowing it to be stolen, or for
having in his possession any stolen thing, and evidence has
been given that the stolen thing has been found in his
possession, then, if that person has, within the five years
immediately preceding, been convicted of any offence
involving fraud or dishonesty, evidence of the previous
conviction may be given at any stage of the proceedings and
may be taken into consideration for the purpose of proving
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c.10:01
c:10:02

Recital of fact
in Act or
proclamation.
[4 of 1972]
Entry in public
record made in
performance of
duty.
Statement in
work of
history, map,
chart or plan.
that the person knew the thing to be stolen which forms the
subject of the proceedings so taken against him:
Provided that not less than two days’ notice in writing
has been given to the person that proof is intended to be given
of the previous conviction; and that proof may be given in the
manner prescribed in the Summary Jurisdiction (Procedure)
Act, or in the Criminal Law (Procedure) Act, as the case may
be.
(3) It shall not be necessary, for the purposes of this
section, to charge the previous conviction in the complaint, or
information, or indictment.
Contents of Documents
7. When any Act of State or any fact of a public nature
may be proved, any statement of it made in a recital contained
in any Act or any proclamation of the President is admissible
in evidence.
8. An entry in any record, official book, or register
kept in any Commonwealth territory, or at sea, or in any
foreign country, stating, for the purpose of being referred to
by the public, a fact which may be proved, and made in
proper time by anyone in the discharge of any duty imposed
upon him by the law of the place in which that record, book or
register is kept, is admissible in evidence.
9. (1) Statements as to matters of general public
history, made in accredited historical books, are admissible in
evidence when the occurrence of any of those matters may be
proved; but statements in those works as to private rights or
customs are inadmissible.

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Entry in
banker’s book.
Right of banker
to refuse to
produce books.
[20 of 1997]
c. 19:12
Order of court
for inspection
of banker’s
books.
(2) Statements of facts which may be proved, made
in maps or charts made under the authority of any
government or public municipality, or generally offered for
public sale, as to matters of public notoriety, such as the
relative position of towns and countries, and such as are
usually represented or stated in those maps or charts, are
admissible in evidence; but they are inadmissible if they relate
to matters of private concern.
10. A copy of any entry in a banker’s book is
admissible as prima facie evidence of the entry, and of the
matter, transaction, or accounts therein recorded:
Provided that the copy cannot be received in evidence
unless it is first proved that the book in which the entry was
made was, at the time of making that entry, one of the
ordinary books of the bank, and that the entry was made in
the usual and ordinary course of business, and that the book is
in the custody or control of the bank, which proof may be
given, either orally or by affidavit, by a partner or officer of
the bank, and that the copy has been examined with the
original entry and is correct, which proof must be given by
some person who has examined the copy with the original
entry, and may be given either orally or by affidavit.
11. A bank or an officer of a bank is not, in any cause
or matter to which the bank is not a party, compellable to
produce any banker’s book, or to appear as a witness to prove
the matters, transactions, and accounts therein recorded,
except by order of a court made for special cause or pursuant
to a summons issued by the Integrity Commission established
by the Integrity Commission Act.
12. (1) On the application of any party to a cause or
matter, a court or judge may order that the party is at liberty
to inspect and take copies of any entries in a banker’s book for
any of the purposes of that cause or matter.
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Application of
provisions
relating to
banks.
[4 of 1972]
c. 85:01
Use for
evidence of
entries in book
of account.
General rule as
to
inadmissibility
of opinion.
Opinion of
expert on point
of science, or
art, or foreign
law.
(2) The order may be made either with or without
summoning the bank or any other party, and must be served
on the bank three days before it is to be obeyed, unless the
court or judge otherwise directs.
13. The provisions hereinbefore contained relating to
banks shall apply to any government or post office savings
bank, to any bank licensed, under the Banking Act or any
other written law, to do banking business in Guyana and to
any other institutions, companies, or partnerships the Minister
by order declares to be banks within the meaning of those
provisions.
14. The court may permit any party to a civil cause or
matter to use his books of account, kept in the course of his
business, as evidence in support of his claim or defence, if they
appear to have been kept in the course of business with so
reasonable a degree of regularity as to be satisfactory to the
court.
Opinions
15. The fact that any person is of opinion that a fact
which may be proved does or does not exist is inadmissible in
evidence on the trial of any question as to the existence of that
fact except in the cases hereinafter specified.
16. (1) When there is a question as to any point of
science or art, the opinion upon that point of a person
specially skilled in the science or art is admissible in evidence.
(2) The person is hereinafter called “an expert”.
(3) The words-science or art include all subjects on
which a course of special study or experience is necessary to
the formation of an opinion and, amongst other, the
examination of handwriting.
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Fact bearing
upon opinion
of expert.
Opinion as to
handwriting.
(4) When there is a question as to a foreign law, the
opinion of an expert, who in his profession is acquainted with
that law, is the only admissible evidence thereof, though the
expert may produce to the court books which he declares to be
works of authority upon the foreign law in question, and those
books the court, having received all necessary explanations
from the expert, may construe for itself.
(5) It is the duty of the judge to decide whether the
skill of any person in the matter on which evidence of his
opinion is offered is sufficient to entitle him to be considered
as an expert.
(6) The opinion of an expert as to the existence of
the facts on which his opinion is to be given is inadmissible
unless he perceived those facts himself.
17. A fact, not otherwise admissible in evidence, may,
with the permission of the judge, be proved if it supports, or is
inconsistent with, the opinion of an expert, when that opinion
is admissible.
18. (1) When there is a question as to the person by
whom any document was written or signed, the opinion of
any person acquainted with the handwriting of the supposed
writer that it was or was not written or signed by him is
admissible in evidence.
(2) A person is deemed to be acquainted with the
handwriting of another person when he has at any time seen
that person write, or when he has received documents
purporting to be written by that person in answer to
documents written by himself, or under his authority, and
addressed to that person, or when, in the ordinary course of
business, documents purporting to be written by that person
have been habitually submitted to him.
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Comparison of
handwritings.
Grounds of
opinion.

General rule as
to
inadmissibility
of evidence of
character.
Evidence of
character in
criminal cases.
19. Comparison of a disputed writing with any
writing proved to the satisfaction of the judge, to be genuine
shall be permitted to be made by witnesses, and those writings
and the evidence of witnesses respecting them may be
submitted to the court as evidence of the genuineness or
otherwise of the writing in dispute.
20. Whenever the opinion of any living person is
admissible in evidence, the grounds on which the opinion is
based are also admissible.
Character
21. The fact that a person is of a particular character is
inadmissible in evidence on any inquiry respecting his
conduct, except in the cases hereinafter mentioned.
22. (1) In criminal causes or matters, the fact that the
defendant or the accused person, as the case may be, has a
good character may be proved; but the fact that he has a bad
character is inadmissible in evidence, unless it is itself a fact in
issue, or unless evidence has been given that he has a good
character, in which case evidence that he has a bad character is
admissible.
(2) When anyone gives evidence of his good
character who –
(a) being on his trial for any felony not
punishable with death, has been
previously convicted of felony; or
(b) being on his trial for any offence
involving fraud or dishonest
punishable under the Summary
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c.802
c.801
Character as
affecting
damages.
Facts of which
judicial notice
is to be taken.
Jurisdiction (Offences) Act, or the
Criminal Law (Offences) Act, has been
previously convicted of any offence
punishable on summary conviction or
on indictment; or
(c) being on his trial for any offence in
respect of coin punishable under
either of the said Acts has been
previously convicted of any offence in
respect of coin;
the complainant or prosecutor, or the State, may, in answer to
the evidence of good character, give evidence of any of those
previous convictions before the magistrate gives his decision,
or before the jury return their verdict, in respect of the offence
for which the offender is being tried.
(3) In this section, the word “character” means
reputation as distinguished from disposition, and evidence
may be given only of general reputation, and not of particular
acts by which reputation or disposition is shown.
23. In civil causes or matters, the fact that a person’s
general reputation is bad is admissible in evidence in
reduction of damages; but evidence of rumours that his
reputation was bad, and evidence of particular facts showing
that his disposition was bad, are inadmissible.
PART II
PROOF
Facts Judicially Noticed
24. Every judge shall take judicial notice of the
following facts –
(i) all unwritten laws, rules, and
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[4 of 1972
O. 37/1966A
15/1970]
principles having the force of
law administered by any court
in Guyana;
(ii) all general customs which have
been held to have the force of
law in the Supreme Court;
(iii) all applied Acts;
(iv) all publications and Acts of
Parliament unless the contrary
is expressly provided in any of
the publications or Acts;
(v) all orders in council having
effect in Guyana as applied
laws, and all proclamations,
rules, regulations, orders or by-
laws made under any Act of
Parliament;
(vi) the general course of
proceeding and privileges of
the National Assembly, and the
date and place of its sittings,
but not transactions in its
journals or minutes of
proceedings;
(vii) the course of procedure and all
rules of practice in force in the
Supreme Court. Courts of a
limited or inferior jurisdiction
take judicial notice of their own
course of procedure and rules
of practice, but not of those of
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other courts of the same kind,
nor does the Supreme Court
take judicial notice of the
course of procedure and rules
of practice of any of those
courts;
(viii) the existence and title of every
State and Sovereign recognised
by the Government of Guyana;
(ix) the Seal of Guyana and the
seals of the Supreme Court of
Judicature, the seals of the
superior courts of justice in any
Commonwealth territory and,
in respect of documents made
prior to 23rd February, 1970,
the Great Seal of the United
Kingdom and the Privy Seal;
(x) the accession to office, name,
title, functions, and, when
attached to any judgment,
decree, order, certificate, or
other judicial or official
document, the signature of any
judge of the Supreme Court;
(xi) the signature and seal of the
President, Governor-General,
Governor, Lieutenant-Governor
or other person administering
the Government, or of the Chief
or Senior Judge of any court of
record of any Commonwealth
territory; the signature and seal
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of any principal representative,
consul general, consul, vice-
consul or consular officer of
Guyana in any foreign country:
Provided that that signature and seal shall be subscribed
and affixed to any certificate or declaration purporting to
legalise those deeds, letters of attorney, powers, procurations,
affidavits, affirmations, declarations, contracts, or agreements,
or other instruments in writing, which are hereinafter
mentioned;
(xii) the signature and seal of any
notary public in the
Commonwealth;
(xiii) the signature and seal of any
justice of the peace or other
officer authorised by law to
administer an oath in any
Commonwealth territory, when
subscribed and affixed to any
certificate or attestation of any
declaration made before that
justice or other officer under
and by virtue of any law in
force in any such territory;
(xiv) the Government Gazette of any
Commonwealth territory;
(xv) the extent of the territory of
Guyana; the divisions for any
public purposes of Guyana, but
not their geographical position
or the situation of particular
places; the commencement,
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Proof of fact
judicially
noticed.
Fact admitted
by party to civil
proceeding.
Proof of
execution of
documents
executed
within the
continuance and termination of
war between Guyana and any
other country; and all other
public matters directly
concerning the general
government of any
Commonwealth territory;
(xvi) the ordinary course of nature;
natural and artificial divisions
of time; and the meaning of
English words; and
(xvii) all other matters which a judge
is directed by any written law
to notice.
25. No evidence of any fact of which the court will take
judicial notice need be given by the party alleging its
existence; but the judge, on being called upon to take judicial
notice thereof, may, if he is unacquainted with that fact, refer
to any person or to any document or book of reference for his
satisfaction in relation thereto, or may refuse to take judicial
notice thereof unless and until the party calling upon him to
take the notice produces the document or book of reference.
26. No fact need be proved in any civil cause or matter
which the parties thereto or their agents agree to admit at the
hearing, or which they have admitted before the hearing and
with reference thereto, or by their pleadings.
Proof of Private Documents
27. The due execution of any deed, letter of attorney,
or other power or instrument in writing made and executed,
or purporting to be made and executed, either before or after
the commencement of this Act, in any place within the
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Common-
wealth.

Proof of
execution of
documents
executed
outside the
Common-
wealth.
[10 of 2002]
Commonwealth, out of Guyana, may, subject to all just
exceptions, be proved, in any civil cause or matter, by the
affidavit or declaration of a subscribing witness thereto, sworn
or made in any of the following ways, that is to say –
(a) before the mayor or other chief officer
of any City or corporate town within
the Commonwealth and purporting to
be attested under his hand and the
public seal of the City or corporate
town; or
(b) before, and purporting to be attested
under the hand and seal of, the officer
administering the government, or the
chief or senior justice of any court of
record of any Commonwealth
territory; or
(c) before, and purporting to be attested
under the hand and seal of, any
notary public in the Commonwealth,
and annexed to the deed, letter of
attorney, or other power or
instrument in writing.
28. The due execution of any deed, letter of attorney,
or other power or instrument in writing made and executed,
or purporting to be made and executed, either before or after
the commencement of this Act, in any place outside the
Commonwealth may, subject to all just exceptions, be proved
in any civil cause or matter by the affidavit or declarations of a
subscribing witness sworn or made in any of the following
ways, that is to say –
(a) before any diplomatic agent or
consular officer appointed by the
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Recording and
effect of
instruments
notarially
executed
outside the
Common-
wealth.
Government of Guyana at that place,
if it is attested or purports to be
attested by the signature and seal of
that officer; or
(b) before any notary public, if it is
attested by his signature and seal.
29. Where any procuration, power, or letter of
attorney, contract, or agreement, or other instrument in
writing, is made and executed, or purports to be made and
executed, either before or after the commencement of this Act,
in any place outside the Commonwealth in the presence of a
witness or witnesses, before or with one or more notaries
public, the procuration, power or letter of attorney, contract,
or agreement, or other instrument in writing, and every
notarial, grosse, or authentic copy purporting to be a notarial,
grosse, or authentic copy of the procuration, power or letter of
attorney, contract or agreement, or other instrument in
writing, certified and legalised, or purporting to be certified
and legalised, either before or after the commencement of this
Act, under the hand and seal of any officer of state, judge, or
magistrate of that place, or of any diplomatic agent or consular
officer appointed by the Government of Guyana for that place,
may be recorded in the deeds registry, and shall, without any
proof, be as valid and effectual as any original procuration,
power or letter of attorney, contract or agreement, or other
instrument in writing coming from any part of the
Commonwealth, and proved and attested in the manner
hereinbefore prescribed; and an office copy of every recorded
procuration, power or letter of attorney, contract or
agreement, or other instrument in writing aforesaid, duly
certified by the Registrar of Deeds or his deputy, shall,
without any proof, be received in evidence in any civil cause
or matter.

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Admissibility
in evidence of
seal and
signature of
consular officer
as proof of
certain
documents.

Admissibility
in evidence of
signature and
seal of justice of
the peace, etc.,
as proving
statutory
declaration.
Onus of
disproof of
signature
admissible in
evidence.
Proof of
document not
requiring
attestation.
30. The signature and seal of any diplomatic agent or
consular officer appointed by the Government of Guyana at
any foreign port or place, to his certificate or attestation of any
oath, affidavit, declaration, affirmation, or notarial act
administered, sworn, made, affirmed, had, or done, or
purporting to be administered, sworn, made, affirmed, had, or
done, either before or after the commencement of this Act, by
or before the diplomatic agent or consular officer aforesaid
under and by virtue of any written law in that behalf, shall,
without any proof, be received as evidence, in any civil cause
or matter, of the oath, affidavit, declaration, affirmation, and
notarial act having been duly administered, sworn, made,
affirmed, had, or done.
31. The signature and seal of any justice of the peace,
notary public, or other officer authorised by law to administer
an oath in any Commonwealth territory, subscribed and
affixed to the certificate or attestation of any declaration made,
either before or after the commencement of this Act, before the
justice, notary public, or other officer, aforesaid, under and by
virtue of any written law in that behalf in force in that territory
in that behalf, shall, without any proof, be received as
evidence, in any civil cause or matter, of that declaration
having been duly made.
32. If anyone whose duty or interest it is to deny or
disprove the validity of any signature or seal, or other matter
or thing, hereinbefore declared to be receivable in evidence
without any proof, denies and take upon himself to disprove
the validity of that signature or seal, or matter or thing, he
shall be permitted to do so, but the proof of the invalidity shall
rest entirely upon that person.
33. An attested document not required by law to be
attested may, in all causes and matters whatever, whether civil
or criminal, be proved as if it were unattested.

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Records of
Common-
wealth
Territories
[4 of 1972]
Records of
Guyana.
[4 of 1972]

Minutes of
National
Assembly.
[4 of 1972]

Enactments
and Minutes of
Common-
wealth
Proof of Public Documents
34. (1) A judicial or public record of any
Commonwealth territory may be proved by a copy or extract
certified by –
(a) the officer to whose custody the
original is entrusted; or
(b) any other officer authorised to issue to
the public such certified copy or
extract and purporting to be sealed
and stamped with the seal of the court
or office from which such record is
issued.
(2) In relation to the records mentioned in this
section some other mode of proof may be substituted for or
added to that provided in subsection (1) either generally or
with respect to any particular Commonwealth territory by
rules of court made under the High Court Act.
35. Any record under the charge or superintendence
of the Government Archivist or the Registrar of Deeds may be
proved by a copy certified as a true and authentic copy by the
Government Archivist or the Registrar of Deeds, as the case
may be.
36. The minutes of the National Assembly may be
proved by copies thereof purporting to be printed by the
Government printers or by the authority of the Government or
the National Assembly.
37. (1) The enactments of the legislature of any
Commonwealth territory may be proved by copies thereof
purporting to be printed by the authority of the Government
or the legislature of that territory.
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legislatures.
[4 of 1972]
Proof of
statutory
instruments not
falling within
section 24.
[4 of 1972]
(2) Section 36 shall apply mutatis mutandis to the
minutes of the legislature of any Commonwealth territory.
38. (1) The contents of any instrument to which this
section applies may be proved in any of the modes
following—
(a) by the production of a copy of the
Gazette purporting to contain the
instrument;
(b) by the production of a copy of the
instrument purporting to be printed
by the Government printers or by the
authority of the President, the
Government or the National
Assembly;
(c) by the production of a copy or extract
purporting to be certified by
(i) in the case of an instrument
issued by the President, the
Secretary to the office of the
President;
(ii) in the case of an instrument
issued by the Cabinet, the
Secretary to the Cabinet;
(iii) in the case of an instrument
issued by a Minister, the
Minister or the permanent
secretary to the Minister;
(iv) in the case of an instrument
issued by any other public
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Proof of
applied
statutory
instruments.
Evidence of
President’s act,
authorisation
or approval in
certain cases.
officer, the officer, the
permanent secretary to the
Ministry to which the officer
belongs or the head of the
department to which the officer
belongs.
(2) Any copy or extract made under this section
may be in writing.
(3) No proof shall be required of the handwriting
or official position of any person certifying, in pursuance of
this section, to the truth of any copy of or extract from the
instrument.
(4) This section applies to any statutory instrument
not falling within the provisions of section 24, and to any
commission, warrant, public notice, order or regulation issued
by or under the authority of the President, the Cabinet, a
Minister, or any department or officer of the Government.
(5) The foregoing provisions of this section shall
mutatis mutandis apply to any statutory instrument being an
applied law not falling within the provisions of section 24.
39. Where by any Act the President is empowered to
do any act, or to authorise any act to be done, or to approve of
any act, the doing or authorising or approving of the act may
be proved by the production of a document to that effect,
purporting to be issued by the authority of the President and
signed by the Secretary to the Office of the President,
notwithstanding that the Act prescribes that the act shall be
done, authorised, or approved in writing under the hand of
the President:
Provided that the foregoing provision shall not apply to
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Proof of foreign
and colonial
acts of state,
judgments,
orders and
judicial
proceedings.
any case where an act is required to be executed by the
President by warrant under his hand, or under his hand and
seal, or under his hand and the Seal of Guyana, or by
proclamation or commission.
40. (1) All proclamations, treaties, and other acts of
state of any foreign state or of any Commonwealth territory
other than Guyana, and all judgments, decrees, orders, and
other judicial proceedings of any court of justice in any foreign
state or in any Commonwealth territory other than Guyana,
and all affidavits, pleadings, and other legal documents filed
or deposited in that court, may be proved either by examined
copies or by copies authenticated as hereinafter mentioned,
that is to say—
(a) if the document sought to be proved is
a proclamation, treaty, or other act of
state, the authenticated copy, to be
admissible in evidence, must purport
to be sealed with the seal of the
foreign state, or of the Commonwealth
territory, to which the original
document belongs: and,
(b) if the document sought to be proved is
a judgment, decree, order, or other
judicial proceeding of any foreign or
Commonwealth court, or an affidavit,
pleading, or other legal document
filed or deposited in that court, the
authenticated copy, to be admissible
in evidence, must purport either to be
sealed with the seal of the foreign or
Commonwealth court to which the
original document belongs, or, in the
event of that court having no seal, to
be signed by the judge, or, if there are
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Proof of
statutory
notice.

Proof of legal
process.
more judges than one, by any one of
the judges, of that court, and the judge
must attach to his signature a
statement in writing on the copy that
the court whereof he is judge has no
seal.
(2) Any of the aforesaid authenticated copies
purporting to be sealed or signed as hereinbefore mentioned
shall be admissible in evidence in every case in which the
original document could have been received in evidence,
without any proof of the seal, where a seal is necessary, or of
the signature or the truth of the statement attached thereto,
where that signature and that statement are necessary, or of
the judicial character of the person appearing to have made
the signature and statement.
41. The contents of any notice or advertisement
required by any written law for the time being in force to be
published in the Gazette, or so published in the usual course,
may be proved, in any cause or matter, whether civil or
criminal, by the production of a copy of the Gazette containing
the notice or advertisement.
42. Any summons, rule, warrant, process, complaint,
commitment, judgment, conviction, sentence, order, or other
written judicial act or document whatsoever, in any civil or
criminal case, may be proved, in any legal proceedings
whatever, against any person by producing a copy thereof
certified by any judge or by the Registrar of the Supreme
Court, or, in the case of any other court, by any person
performing functions analogous to those of a judge or the
Registrar in the Supreme Court, without proof of the
signature or official character of the person appearing to have
certified the document.

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Report of
analyst to be
received as
evidence.
[4 of 1972]
Report of
authorised
analyst
received as
evidence.
43. (1) Any document purporting to be a report made
under the hand of an analyst, on any matter or thing duly
submitted to him for examination or analysis and report, shall
be receivable in any court as evidence of any matter or thing
contained therein relating to the examination or analysis.
(2) Notwithstanding subsection (1) the court may
of its own motion or on the application of any party to the
proceedings, require the analyst to attend before the court and
give evidence.
(3) If an analyst is called on the application under
subsection (2) of any party to the proceedings the court may
order that party to pay the costs occasioned by the analyst
having been so called.
(4) The provisions of this section shall, with the
necessary modifications, apply to a document purporting to
be a post mortem report of a duly registered medical
practitioner, and to a document purporting to be a report
made by such medical practitioner within forty-eight hours of
his examination of any injury received by or the condition of a
person which is the subject of a prosecution for a criminal
offence.
(5) In this section the expression “analyst” means a
government analyst, an assistant government analyst, a
radiologist, a government bacteriologist and pathologist, a
scientific officer of the Analyst Department of the Government
or any other person of like qualifications prescribed for the
purposes of this section by order made by the body authorised
to make rules of Court under the High Court Act.
43A. (1) For the purposes of any proceedings for an
offence under section 39 or 39A of the Motor Vehicles and
Road Traffic Act, a certificate signed by an authorised analyst,
certifying the proportion of alcohol found in a specimen
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[10 of 2008]
c. 51:02
Certification of
accuracy of
speedometers,
radar and
weighing
devices
[10 of 2008]

identified by the certificate shall, subject to section 39F(3) of
that Act, be evidence of the matters so certified and of the
qualifications of the analyst.
(2) For the purposes of any proceedings for an
offence under section 39 or 39A of the Motor Vehicles and
Road Traffic Act, a certificate purporting to be signed by a
registered medical practitioner that he took a specimen of
blood from a person with that person’s consent shall, subject
to section 39F(3) of that Act, be evidence of the matters so
certified and of the qualifications of the registered medical
practitioner.
43B. (1) A document purporting-
(a) to be a record of testing of the
accuracy, inspection and servicing of-
(i) the speedometer of the motor
vehicle specified in the
document;
(ii) a radar device or apparatus
specified in the document
designed and used for the
purpose of ascertaining the
speed of a motor vehicle; or
(iii) a weighing device or apparatus
specified in the document
designed and used for the
purpose of ascertaining the
laden or unladen weight of a
motor vehicle; and
(b) to be certified –

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(i) in the case of the speedometer,
by a person authorised in this
behalf by the Licensing
Authority;
(ii) in the case of radar device or
apparatus designed and used
for the purpose of ascertaining
the speed of a motor vehicle, by
a person authorised in this
behalf by the Commissioner of
Police;
(iii) in the case of a weighing device
or apparatus designed and
used for purpose of
ascertaining the unladen or
laden weight of a motor
vehicle, by a person authorised
in this behalf by the Licensing
Authority, shall be admitted in
any criminal or civil
proceedings before any court
on its production without
further proof.
(2) On the production of a document under
subsection (1) –
(a) the court before which it is produced
shall, until the contrary is proved,
presume –
(i) that it was signed at the time
and place specified therein by a
person authorised by the
appropriate public officer
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c. 51:02
Certified copy
of document.
[4 of 1972
6 of 1997]
specified in the document;
(ii) that the facts stated in the
document relating to the testing
of the accuracy, inspection and
servicing of the speedometer of
the vehicle specified therein or
the radar, weight device or
apparatus specified therein are
true; and
(iii) that the record of the facts
stated in the document was
made and compiled at the time
stated therein; and
(c) the document shall be prima facie
evidence of all matters connected
therein.
(3) In this section-
“Licensing Authority” means the Licensing Authority
established under the Motor Vehicles and Road Traffic
Act.
44. (1) Whenever, by virtue of any written law for the
time being in force, any certificate of any matter or thing
whatsoever, or any certified copy of any official or public
document, or of any document or proceeding of any
corporation or joint-stock or other company, or of any by-law
or entry in any register or other book, or of any other
document whatsoever, is receivable in proof of any matter or
thing in any court or otherwise, it is admissible as evidence if
it purports to be authenticated in the manner prescribed by
law, without proof of any stamp, seal, or signature required
for its authentication or of the official character of the person
who appears to have signed it.

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Admissibility
of document
admissible in
courts in
England and
Wales and
Ireland.
Use in first
instance of
authenticated
copy of
document.
Certified copies
of writings in
custody of
public officer.
(2) Whenever any book or other document is of so
public a nature as to be admissible in evidence on its mere
production from the proper custody, and no written law exists
which renders its contents provable by means of a copy, any
copy thereof or extract therefrom is admissible in proof of its
contents, provided the copy or extract purports to be signed
and certified as a true copy or extract by the officer to whose
custody the original is entrusted.
(3) That officer shall furnish the certified copy or
extract to anyone applying at a reasonable time for it, on
payment of a reasonable sum for it, not exceeding sixty-five
dollars for every folio of one hundred words.
45. Any document by any law for the time being in
force admissible in evidence of any matter or thing, either in
courts of justice in England and Wales or in courts of justice in
Ireland, without proof of the stamp, or seal, or signature
authenticating it, or of the judicial or official character of the
person appearing to have signed it, shall be also admissible in
evidence to the same extent and for the same purpose, without
that proof, in any court or before any judge in Guyana.
46. Where, by this Act or by any other written law for
the time being in force, an authenticated or certified copy of
any document is admissible in evidence, the original
document shall not, unless the judge otherwise expressly
orders, be received in evidence.
47. Any copy of or extract from any writing,
document, or record in the custody of any public officer,
required by any written law to be written or made and
delivered to that officer or to be recorded, is, if it purports to
be signed and certified as a true copy or extract by the officer
to whose custody the original is entrusted, admissible as proof
of the contents of the writing, document, or record, and as
prima facie evidence of the matter or transaction therein
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General rule as
to competency
of witnesses.
Incompetency
of witnesses
generally.

Evidence of
access.
[46 of 1952]
mentioned.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
Competency and Privilege of Witnesses
48. All persons are competent to give evidence in all
causes and matters, whether civil or criminal, except as
hereinafter provided.
49. (1) A witness is incompetent to give evidence if, in
the opinion of the judge, he is prevented by extreme youth,
disease affecting his mind, or any other cause of the same
kind, from recollecting the matter on which he is to testify,
from understanding the questions put to him, from giving
rational answers to those questions, or from knowing that he
ought to speak the truth.
(2) A witness unable to speak or hear is not
incompetent, but may give his evidence by writing or by
signs, or in any other manner in which he can make it
intelligible; but the writing must be written and the signs
made in open court, and evidence so given is deemed to be
oral evidence.
50. (1) Notwithstanding any rule of law, the evidence
of a husband or wife shall be admissible in any proceedings to
prove that marital intercourse did or did not take place
between them during any period.
(2) Notwithstanding anything in this section or any
rule of law, a husband or wife shall not be compellable in any
proceedings to give evidence of the matters aforesaid.
(3) Nothing in this section shall prejudice the
admissibility of any evidence which would apart from this
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Competency in
criminal cases.
c. 8:02
c. 8:01
c. 10:02
c. 10:01


Competency
of witnesses in
criminal cases
section be admissible.
(4) In this section “proceedings” includes
arbitrations and references.
51. (l) In any criminal proceeding against a husband
or wife for any bodily injury or violence inflicted upon his
wife or her husband, the wife or husband is competent and
compellable to give evidence.
(2) In any proceeding against anyone for an
offence under section 23 of the Summary Jurisdiction
(Offences) Act, or under section 92 of the Criminal Law
(Offences) Act, that person, and his wife or her husband, shall
be a competent witness but not compellable to give evidence.
(3) In any criminal proceeding against a husband
or wife authorised by section 68 or 69 of the Summary
Jurisdiction (Procedure) Act, or by section 196 or 197 of the
Criminal Law (Procedure) Act, the wife and husband
respectively are competent witnesses and, except when
defendants or accused persons, compellable to give evidence.
52. Everyone charged with an offence, and his wife or
her husband, as the case may be, shall be a competent witness
for the defence at every stage of the proceedings, whether he
or she is charged solely or jointly with any other person:
Provided that—
(a) a person so charged shall not be called
as a witness in pursuance of this Act
except upon his own application;
(b) the failure of anyone charged with an
offence, or of his wife or her husband,
as the case may be, to give evidence
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shall not be made the subject of any
comment by the prosecution;
(c) the wife or husband of the person
charged shall not, save as in this Act
mentioned, be called as a witness in
pursuance of this Act except upon the
application of the person so charged;
(d) nothing in this Act shall make a
husband compellable to disclose any
communication made to him by his
wife during the marriage, or a wife
compellable to disclose any
communication made to her husband
during the marriage;
(e) a person charged and being a witness
in pursuance of this Act may be
asked any question in cross
examination notwithstanding that it
would tend to criminate him as to the
offence charged;
(f) a person charged and called as a
witness in pursuance of this Act shall
not be asked, and if asked, shall not
be required to answer, any question
tending to show that he has
committed, or been convicted of, or
been charged with, any offence other
than that wherewith he is then
charged, or is of bad character,
unless—
(i) the proof that he has committed
or been convicted of that other
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c. 10:01
offence is admissible evidence
to show that he is guilty of the
offence wherewith he is then
charged; or
(ii) he has personally or by his
advocate asked questions of the
witnesses for the prosecution
with a view to establish his
own good character, or has
given evidence of his good
character, or the nature or
conduct of the defence is such
as to involve imputations on
the character of the prosecutor
or the witnesses for the
prosecution; or
(iii) he has given evidence against
any other person charged with
the same offence;
(g) every person called as a witness in
pursuance of this Act shall, unless
otherwise directed by the court, give
his evidence from the witness box, or
other place from which the other
witnesses give their evidence;
(h) nothing in this Act shall affect section
65 of the Criminal Law (Procedure)
Act, or any right of the person
charged to make a statement without
being sworn.

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Evidence of
person
charged.

Right of reply.
Calling of wife
or husband in
certain cases.
[4 of 1972]
Application of
four last
preceding
sections.
Admissibility
on trial for
indictable
offence of
prisoner’s
statement
before
magistrate.
c. 10:01
53. Where the only witness to the facts of the case
called by the defence is the person charged he shall be called
as a witness immediately after the close of the evidence for the
prosecution.
54. In cases where the right of reply depends upon the
question whether evidence has been called for the defence, the
fact that the person charged has been called as a witness shall
not of itself confer on the prosecution the right of reply.
55. (1) The wife or husband of a person charged with
an offence under any enactment mentioned in the Schedule
hereto, or of a person who is defendant to any indictment or
other proceeding instituted for the purpose of trying or
enforcing a civil right only, may be called as a witness either
for the prosecution or defence and without the consent of the
person charged.
(2) Nothing in this Act shall affect a case where the
wife or husband of a person charged with an offence may,
according to the common law of England, be called as a
witness without the consent of that person.
56. The four last preceding sections of this Act shall,
notwithstanding any enactment in force at its commencement,
apply to all criminal proceedings.
57. Any statement purporting to have been made by
an accused person under section 65 of the Criminal Law
(Procedure) Act, may, upon this trial, be given in evidence
against him, without further proof thereof, unless it is proved
that the magistrate purporting to sign the statement did not in
fact sign it:
Provided that nothing herein enacted or contained shall
prevent the prosecutor in any case from giving in evidence
any admission, or confession, or other statement, of the person
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Competency in
proceedings
relating to
adultery.

Privilege as to
question
involving
incrimination.

Power of judge
to forbid
certain
questions.
accused or charged, made at any time, which by law would be
admissible as evidence against that person.
58. In proceedings instituted in consequence of
adultery, the parties and their husbands and wives are
competent witnesses:
Provided that no witness in those proceedings,
whether a party to the cause or not, shall be liable to be asked
or bound to answer any question tending to show that he or
she has been guilty of adultery, unless he or she has already
given evidence in the same proceeding in disproof of his or
her alleged adultery.
59. (1) No one called as a witness shall be compellable
to answer any question if the answer thereto would, in the
opinion of the judge, have a tendency to expose the witness or,
subject to section 49, his wife or her husband, to any criminal
charge or to any penalty or forfeiture which the judge regards
as reasonably likely to be preferred or sued for.
(2) No one is excused from answering any question
only because the answer may establish, or tend to establish,
that he owes a debt, or is otherwise liable to any civil
proceeding, either at the instance of the State or of any other
person.
60. (1) The judge may forbid any question or inquiry
which he regards as indecent or scandalous, although it may
have some bearing on the question before the court, unless it
relates to facts in issue or to matters necessary to be known in
order to determine whether or not the facts in issue existed.
(2) The judge shall forbid any question appearing
to him as intended to insult or annoy, or to be needlessly
offensive in form, or not relevant to any matter proper to be
investigated in the cause or matter.
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Cases in which
corroborative
evidence is
required.
[12 of 1983]
c.8:02
c.8:01
c.8:01
Corroboration
required in case
of perjury.
61. (1) No plaintiff in any action for breach of promise
of marriage can obtain judgment, unless his or her testimony
is corroborated by some other material evidence in support of
that promise.
(2) No order against anyone alleged to be the father
of a child born out of wedlock can be made by a magistrate’s
court, unless the evidence of the mother of the child is
corroborated in some material particular, to the satisfaction of
the court.
(3) A person shall not be liable to be convicted of an
offence under section 23 of the Summary Jurisdiction
(Offences) Act, or under section 92 of the Criminal Law
(Offences) Act, upon the evidence given without oath of a
child, unless that evidence be corroborated by some other
material evidence implicating the defendant or the accused
person, as the case may be.
(4) A person shall not be liable to be convicted of
an offence under section 72 or 73 of the Criminal Law
(Offences) Act, upon the evidence of one witness only, unless
that witness be corroborated in some material particular by
evidence implicating the accused person.
(5) Where the only proof against a person charged
with an indictable offence is the evidence of an accomplice,
uncorroborated in any material particular, it is the duty of the
judge to warn the jury that it is unsafe to convict any person
upon that evidence, though they have a legal right to do so.
62. If on any trial for perjury the only evidence against
the defendant or the accused person is the oath of one witness
contradicting the oath on which perjury is assigned, and if no
circumstances are proved which corroborate that witness, the
defendant or the accused person, as the case may be, is
entitled to be discharged or acquitted.
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Evidence in
case of treason.

Sanction of oral
evidence.
Administration
of oath.
Form of
evidence
generally.
Swearing with
uplifted hand.

Validity of oath
not affected by
absence of
religious belief.

63. In any trial for treason or for misprision of treason,
the rules of the law of evidence and the practice in relation to
evidence on the trial of those offences respectively for the time
being in force in England shall, so far as the same are
applicable to the circumstances of Guyana, be in force therein.
Sanction of evidence
64. Except as hereinafter provided, all oral evidence
must be given upon oath.
65. Every judge shall have power, by himself or by an
officer of the court, if he presides in or is a member of a court,
to administer an oath to all witnesses lawfully called before
him.
66. Subject to the provisions hereinafter contained, an
oath is binding which is administered in the form and with the
ceremonies which the person sworn declares to be binding:
Provided that, in the absence of that declaration, an oath
shall be deemed to be binding in the form and with the
ceremonies in and with which it was actually administered.
67. If any person to whom an oath is administered
desires to swear with uplifted hand, in the form and manner
in which an oath is usually administered in Scotland, he shall
be permitted to do so, and the oath shall be administered to
him in that form and manner without further question.
68. Where an oath has been duly administered and
taken, the fact that the person to whom and by whom it was
administered and taken, had, at the time of administering and
taking it, no religious belief, shall not for any purpose affect its
validity.

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Cases in which
affirmation
may be made
instead of oath.
Form of oral
affirmation in
writing.
Form of
affirmation in
writing.

Evidence of
persons
ignorant of
nature of oath
[9 of 1961
4 of 1972]
69. Anyone who objects to being sworn, and states, as
the ground of his objection, either that he has no religious
belief or that the taking of an oath is contrary to his religious
belief, shall be permitted to make his solemn affirmation
instead of taking an oath, in all places and for all purposes
where an oath is now or may hereafter be required by law;
and the affirmation shall, to all intents and purposes, be of the
same force and effect as if he has taken the oath.
70. (1) Every oral affirmation shall commence—
“I, A.B., of …………………………….do solemnly and
sincerely declare and affirm.”
and then proceed with the words of the oath prescribed by
law, omitting any words of imprecation or calling to witness.
(2) Every affirmation in writing shall commence—
“I, A.B., of ……………………………do solemnly and
sincerely affirm.”
and the form in lieu of jurat shall be-
“Affirmed this ……………..…day
of…………….……20……, before me.”
71. (1) Any person who is ignorant of the nature and
obligation of an oath may be allowed to give evidence without
oath or affirmation.
(2) The judge shall determine whether the witness
is of competent understanding to give that evidence.
(3) Where the evidence of a child admitted by
virtue of this section is given by the prosecution, the accused
shall not be liable to be convicted of the offence unless the
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Interpretation
of evidence in
criminal cause.

Different
modes of
taking oral
evidence.
evidence is corroborated by some other material evidence in
support thereof implicating him.
72. (1) In any criminal cause or matter in which
evidence is given in a language not understood by a defendant
or an accused person, the evidence must be interpreted to him
in a language which he understands:
Provided that if the court thinks any document
unnecessary to be fully interpreted, it may direct the substance
only thereof to be interpreted or explained.
(2) Every interpreter must be sworn to interpret.
Oral Evidence
73. (1) Oral evidence may be taken, according to the
law relating to civil and criminal procedure for the time being,
in force—
(a) in court, on a preliminary or final
hearing; or
(b) out of court, for future use in the
Supreme Court—
(i) upon affidavit; or
(ii) under a commission; or
(iii) before any officer of the court
or any other person or persons
appointed for that purpose by
the court or a judge under rules
of court, or under any other
written law in that behalf.

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(2) Oral evidence taken in court must be taken
according to the rules hereinafter contained relating to the
examination of witnesses.
(3) Oral evidence taken on any preliminary hearing
under Part II of the Criminal Law (Procedure) Act, may be
recorded in the form of a deposition, and the deposition may
be used as documentary evidence of the matters stated therein
in the cases, and on the conditions, specified in section 95 of
this Act, and in the section aforesaid of that Act, respectively.
(4) Oral evidence taken upon affidavit must be
confined to the facts the witness is able of his own knowledge
to prove, except on interlocutory motions, on which
statements as to his belief and the grounds thereof may be
admitted; and the costs of every affidavit unnecessarily setting
forth matters of hearsay or argumentative matter, or copies of
or extracts from documents, must be paid by the party filing it.
(5) Oral evidence taken under a commission must
be taken in the manner prescribed by the terms of the
commission, and, in default of that manner being prescribed,
according to the rules hereinafter contained relating to the
examination of witnesses.
(6) Oral evidence taken under subsection (1)(b)(iii)
must be taken in the same manner as if it were taken in court;
but an examiner has no right to decide on the validity of an
objection taken to any particular question, but must record the
question, the objection taken to it, and the answer given.
(7) Where a deposition, or an affidavit, or the
return to a commission, or evidence taken before an examiner,
is used in any court as evidence of the matters stated therein,
the party against whom it is read may object to the reading of
anything therein contained on any ground on which he might
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Taking oral
evidence and
making
submissions by
audio visual
link.
[19 of 2008]
have objected to its being stated by a witness examined in
court:
Provided that no person shall be entitled to object to the
reading of an answer to any question asked by his own
representative on the execution of a commission to take
evidence.
73A. (1) Notwithstanding anything in this Act, the
Court may of its own motion or on the application of any
party to any proceedings, whether civil or criminal, order that
oral evidence be taken from, or submissions be made by a
person by audio visual link at a place outside the court room
where the Court is sitting, whether that place be in or outside
of Guyana.
(2) An order made under subsection (1) may be
subject to such conditions and safeguards as the Court thinks
fit, including but limited to-
(a) the physical presence of a person
specified, either generally or by
specific order, by the Court at the
place where the audio visual evidence
is to be given to act as an observer;
and

(b) the payment of expenses incurred in
connection with taking the evidence
or making submissions by using
audio visual link facilities or
providing the audio visual link
facilities.
(3) The Court shall not make an order under
subsection (1) unless the Court is satisfied that-

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(a) the necessary audio visual facilities
are available or can be reasonably
made available;
(b) the evidence cannot be more
conveniently taken in the court room
where the court is sitting; and
(c) the order is required in the interests of
justice.
(4) Any oral evidence given or submission made
by a person from outside a court room by using audio visual
link facilities pursuant to an order made under subsection (1)
shall, for the purposes of this Act be deemed to be the
evidence given or submission made in the court room where
the Court is sitting.
(5) Evidence shall not be taken by audio visual link
unless the court room where the Court is sitting and the place
where the evidence is to be given are, to the satisfaction of the
Court, equipped with audio visual link facilities that enables -
(a) persons who are in the court room
where the Court is sitting to see and
hear the person giving the evidence;
and
(b) persons who are at the place where
the evidence is to be given to see and
hear the persons at the court room
where the Court is sitting.
(6) An oath or affirmation to be made by a person
giving evidence by audio visual link may be administered
either –

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(a) by means of the audio visual link, as
nearly as practicable, in the same way
as if the person were giving evidence
in the court room where the Court is
sitting; or
(b) at the discretion of, or on behalf of,
the Court at the place where the
person is giving evidence by a person
authorised by the Court.
(7) Where the proceedings before the Court
involve a jury, and the evidence is taken by audio visual link,
the Court shall give the jury such directions as it thinks fit to
ensure that the jury gives the same weight to such evidence as
if the evidence has been taken in the court room where the
Court is sitting.
(8) In this section –
(a) “audio visual link” means facilities,
including closed-circuit television that
enable video conferencing or audio
and visual communication between
persons at different places.
(b) “proceedings” includes –
(i) any proceeding relating to bail;
(ii) a committal proceeding;
(iii) where a person has previously
been remanded in custody, any
subsequent proceeding with
respect to the remand of the
person in custody for the same
offence;
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Legal
recognition of
use of audio
visual link
facilities in civil
and criminal
proceedings.
[19 of 2008]

Use of audio
visual link
facilities for
identification
parades.
[19 of 2008]
(iv) any interlocutory proceeding
held in connection with any
criminal proceeding;
(v) a trial or a hearing of an appeal.
73B. (1) A requirement by or under any written law
that a person shall appear or be brought or be present before a
Court is taken to be satisfied if the person appears before the
Court by way of an audio visual link pursuant to an order
made under section 73(A) (1).
(2) Any requirement of law for the presence of a
person or entitlement of a person under any written law for a
person to be present in proceeding before a Court concerning
bail is taken to be satisfied if audio visual link is used in
relation to the person pursuant to an order made under
section 73A(1).
(3) Any entitlement of a person under section 24 of
the Court of Appeal Act to be present in proceedings on the
hearing of an appeal is taken to be satisfied if audio visual link
approved by the Court of Appeal is used in relation to the
person.
(4) A Court may allow a person in custody to be
produced before the Court by way of audio visual link from
the place of detention and such production shall be deemed to
be a production or appearance of the person in custody before
the Court as required under any law.
73C. Where a person is arrested on the suspicion of a
charge of committing an offence and his identification by any
other individual is considered necessary for the purpose of
investigation of such offence, the Court having jurisdiction
may, at the request of the officer in charge of a police station,
direct the person so arrested to subject himself, along with at
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Examination in
chief, cross-
examination,
and re-
examination.
least three other persons as the investigating police officer
may suggest, to line-up for identification by the individual in
such manner as the Court may deem fit and the Court may
permit audio visual link facility to be used for the purpose of
the identification parade.
Examination of Witness
74. (1) A witness examined in court may be first
examined in chief, then cross-examined, and then re-
examined.
(2) Where any witness has been examined in chief,
or has been intentionally sworn, or has made an affirmation,
or has been produced as a witness under section 71 for the
purpose of giving evidence, the opposite party is entitled to
cross-examine him; but the opposite party is not entitled to
cross-examine merely because a witness has been called to
produce a document on a subpoena duces tecum, or in order to
be identified.
(3) After the cross-examination is concluded, the
party who called the witness has a right to re-examine him.
(4) The judge may in any case, if he thinks fit,
permit a witness to be re-called, either for further examination
in chief or for further cross-examination, and, if he does so, the
parties have the right of further cross-examination and further
re-examination respectively.
(5) If a witness dies, or becomes incapable of being
further examined, at any stage of his examination, the
evidence given by him before he became incapable is good.
(6) If, in the course of any hearing or trial, a
witness who was supposed to be competent appears to be
incompetent, his evidence may be withdrawn by order of the
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Limitations of
right of
examination in
chief, cross-
examination,
Rule as to
leading
questions.
Cross-
examination as
to accuracy,
impartiality, or
credit.
judge, and the cause or matter may be left for decision
independently of it.
(7) The judge may of his own motion at any stage
of the examination of a witness put any questions to the
witness he thinks fit in the interests of justice.
75. (1) The examination in chief and the cross-
examination must relate to facts in issue or relevant thereto, or
which may be proved; but the cross-examination need not be
confined to the facts to which the witness has testified on his
examination in chief.
(2) The re-examination must be directed to the
explanation of matters referred to in the cross-examination;
and if new matter is by permission of the judge introduced in
re-examination, the opposite party may further cross-examine
upon that matter.
76. Questions suggesting the answer which the person
putting the question wishes or expects to receive, or
suggesting disputed facts as to which the witness is to testify,
must not, if objected to by the opposite party, be asked in an
examination in chief or in a re-examination, except with the
permission of the judge, but may be asked in cross-
examination.
77. When a witness is cross-examined, he may, in
addition to the questions hereinbefore referred to, be asked
any questions which tend –
(a) to test his accuracy, veracity,
impartiality, or credibility; or
(b) to shake his credit, by injuring his
character; but the judge has the right
to exercise a discretion in those cases,
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Exclusion of
evidence to
contradict
answer to
question
testing
accuracy,
previous
conviction or
impartiality.

Proof of
statement
inconsistent
with present
testimony.
and to refuse to compel any of those
questions to be answered, when the
truth of the matter suggested would
not in the opinion of the judge, affect
the accuracy, veracity, impartiality,
credibility, or credit of the witness in
respect of the matter as to which he is
required to testify.
78. When a witness under cross-examination has been
asked and has answered any question referred to in the
preceding section, no evidence can be given to contradict him,
except in the following cases:
(a) if a witness is asked whether he has been
previously convicted of any felony or
misdemeanour, and denies or does not
admit it; or refuses to answer, evidence may
be given of the previous conviction; and
(b) if a witness is asked any question tending to
show that he is not impartial and answers it
by denying the facts suggested, he may, by
permission of the judge, be contradicted by
evidence of those facts.
79. (1) A witness under cross-examination may be
asked whether he has made any former statement relative to
the subject matter of the cause or matter and inconsistent with
this present testimony, the circumstances of the supposed
statement being referred to sufficiently to designate the
particular occasion, and, if he does not distinctly admit that he
has made that statement, proof may be given that he did in
fact make it.
(2) The same course may be taken with a witness
upon his examination in chief, if the judge is of opinion that he
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Cross-
examination as
to previous
statement in
writing

Questions by
party who
called the
witness.
[19 of 2008]

Admissibility
of statement
made by a
witness under
section 80A.
[19 of 2008]
Impeaching
credit of a
witness.
is adverse to the party by whom he was called, or that his
memory is in good faith at fault, and permits the question.
80. (1) A witness under cross-examination, or a
witness whom the judge, under the provisions of the
preceding section, has permitted to be examined by the party
who called him as to previous statements inconsistent with his
present testimony, may be questioned as to previous
statements made by him in writing, or reduced into writing,
relative to the subject matter of the cause or matter, without
the writing being shown to him or being proved in the first
instance; but, if it is intended to contradict him by the writing,
his attention must, before contradictory proof can be given, be
called to those parts of the writing which are to be used for the
purpose of contradicting him.
(2) The judge may, at any time during the hearing or
trial, require the document to be produced for his inspection,
and may thereupon make any use of it for the purposes of the
hearing or trial he thinks fit.
80A. The Court may, in its discretion, permit the party
who called a witness to put any questions to that witness
which might be put in cross examination by the opposite
party.
80B. A statement made by a witness under section
80A shall be admissible in any proceedings as evidence of the
facts in issue or relevant thereto, or which may be proved, and
it shall be a matter for the Court to determine which of the
evidence tendered by the witness is true.
81. (1) The credit of any witness may be impeached by
the opposite party by the evidence of persons who swear that
they, from their knowledge of the witness, believe him to be
unworthy of credit upon his oath, but those persons may not,
upon their examination in chief, give reasons for their belief;
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Proof of
matters in
reference to
declaration of
deceased
person or
deposition.

Refreshing
memory of
witness.
they may, however, be asked their reasons in cross-
examination and their answers cannot be contradicted.
(2) The evidence may not be given by the party by
whom any witness is called, but, when it is given by the
opposite party, the party who called the witness may give
evidence in reply to show that the witness is worthy of credit.
82. [ Repealed by Act No. 7 of 2010]
83. Where any declaration or statement made by a
deceased person admissible in evidence, or any deposition, is
proved, all matters may be proved in order to contradict it, or
in order to impeach or confirm the credit of the person by
whom it was made, which might have been proved if that
person had been called as a witness, and had denied upon
cross-examination the truth of the matter suggested.
84. (1) A witness may, while under examination,
refresh his memory by referring to any writing made by
himself at the time of the transaction concerning which he is
questioned, or so soon afterwards that the judge considers it
likely that the transaction was at that time fresh in his
memory.
(2) The witness may also refer to that writing made
by any other person, and read by the witness within the time
aforesaid, if, when he read it, he knew it to be correct.
(3) An expert may refresh his memory by reference
to professional treatises.
(4) Any such writing or treatise must be produced
and shown to the opposite party, if he requires it; and that
party may, if he pleases, cross-examine the witness thereupon.

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Giving, as
evidence,
document
called for and
produced on
notice.
Using as
evidence
document not
produced on
notice.

Compelling
person present
in court to give
evidence.

Exemption
from personal
attendance of
person
summoned
only to produce
document.
General power
of judge as to
calling for
evidence.
85. (1) Where a party calls for a document which he
has given the opposite party notice to produce, and the
document is produced to and inspected by the party calling
for its production, he is bound to give it as evidence if the
party producing it requires him to do so and if it is relevant or
admissible in evidence.
(2) Where a party refuses to produce a document
which he has had notice to produce, he may not afterwards
use the document as evidence, without the consent of the
opposite party, unless the refusal was, in the opinion of the
judge, reasonable at the time.
86. Anyone present in court, whether a party to the
cause or matter or not, may be called upon and compelled by
the court to give evidence and produce any document then
and there in his actual possession or in his power in the same
manner and subject to the same rules as if he had been
summoned to attend and give evidence or to produce the
document, and may be punished in like manner for any
refusal to obey the order of the court.
87. Anyone, whether a party to the cause or matter
or not, may be summoned to produce a document without
being summoned to give evidence; and any person
summoned merely to produce a document shall be deemed to
have complied with the summons if he causes the document
to be produced instead of attending personally to produce it.
88. The judge may, of his own motion, call or
recall any competent person as a witness and examine the
person in any manner he thinks fit, and may call for and
compel the production of any document or other evidence,
and may impound any document or other thing he considers
material.

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Interpretation.
[10 of 2002]

Admissibility
of
documentary
Documentary Evidence
89. In the next seven succeeding sections—
“computer” means any device or combination of devices used
together or in succession for the purpose of storing and
processing the information;
“document” includes-
(i) books, maps, plans, graphs,
drawings and photographs;
(ii) any disc, tape, soundtrack or
other device in which sound or
other data (not being visual
images) are embodied so as to
be capable ( with or without the
aid of some other
equipment) of being
reproduced therefrom;
(iii) any film, negative, tape or other
device in which one or more
visual images are embodied so
as to be capable (with or
without the aid of some other
equipment) of being
reproduced therefrom.
“proceedings” includes arbitrations and references.
“statement” includes any representation of fact, whether made
in words or otherwise.
90. (1) In any civil proceedings where direct oral
evidence of a fact would be admissible, any statement made
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evidence as to
facts in issue.
[10 of 2002]
by a person in a document and tending to establish that fact
shall, on production of the original document, be admissible
as evidence of that fact if the following conditions are
satisfied–
(a) if the maker of the statement either –
(i) had personal knowledge of the
matters dealt with by the
statement; or
(ii) where the document in
question is, or forms part of, a
record, purporting to be a
continuous record, made the
statement (in so far as the
matters dealt with thereby are
not within his personal
knowledge) in the performance
of a duty to record information
supplied to him by a person
who has, or might reasonably
be supposed to have personal
knowledge of those matters;
and
(b) if the maker of the statement is called
as a witness in the proceedings:
Provided that the condition that the maker of the
statement shall be called as a witness need not be satisfied if
he is dead, or unfit by reason of his bodily or mental condition
to attend as a witness, or if he is outside Guyana and it is not
reasonably practicable to secure his attendance, or if all
reasonable efforts to find him have been made without
success.
(2) In any civil proceedings, the court may at any
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stage of the proceedings, if having regard to all the
circumstances of the case it is satisfied that undue delay or
expense would otherwise be caused, order that such a
statement as is mentioned in subsection (1) shall be admissible
as evidence or may, without any such order having been
made, admit such a statement in evidence –
(a) notwithstanding that the maker of the
statement is available but is not called
as a witness;
(b) notwithstanding that the original
document is not produced, if in lieu
thereof, there is produced a copy of
the original document or of the
material part thereof certified to be a
true copy in such manner as may be
specified in the order or as the court
may approve, as the case may be.
(3) Nothing in this section shall render admissible as
evidence any statement made by a person interested at a time
when proceedings were pending or anticipated involving a
dispute as to any fact which the statement may tend to
establish.
(4) For the purpose of this section a statement in a
document shall not be deemed to have been made by a person
unless the document or the material part thereof was written,
made or produced by him with his own hand, or was signed
or initialled by him or otherwise recognised by him in writing
as one for the accuracy of which he is responsible.
(5) For the purpose of deciding whether or not a
statement is admissible as evidence by virtue of subsections
(1) to (4), the court may draw any reasonable inference from
the form or contents of the document in which the statement
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Documents
produced by
computers
[10 of 2002]
is contained, or from any other circumstances, and may, in
deciding whether or not a person is fit to attend as a witness act on a certificate purporting to be the certificate of a
registered medical practitioner, and where the proceedings
are with a jury the court may in its discretion reject the
statement notwithstanding that the requirements of this
section are satisfied with respect thereto, if for any reason it
appears to it to be inexpedient in the interest of justice that the
statement should be admitted.
91.(1) In any civil proceedings, a statement contained
in a document produced by a computer is admissible as
evidence of any fact stated therein of which direct oral
evidence would be admissible if it is shown –
(a) that the document containing the
statement was produced by the
computer during a period over which
the computer was used regularly to
store and process information for the
purposes of any activities regularly
carried on over that period, whether
for profit or not by any person;
(b) that over that period there was
regularly supplied to the computer
in the ordinary course of those
activities information of the kind
contained in the statement or of the
kind from which the information so
contained is derived;
(c) that throughout the material part of
that period the computer was
operating properly, or if not, that any
respect in which it was not operating
properly or was out of operation
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during that part of that period was
not such as to affect the production of
the document or the accuracy of its
contents; and
(d) that the information contained in the
statement reproduces or is derived
from information supplied to the
computer, in the ordinary course of
those activities.
(2) In any civil proceedings where it is desired to
give a statement in evidence by virtue of this section, a
certificate –
(a) identifying the document containing
the statement and describing the
manner in which it was produced;
and
(b) giving such particulars of any device
involved in the production of that
document as may be appropriate for
the purpose of showing that the
document was produced by a
computer; and
(c) dealing with any of the matters to
which the conditions mentioned in
subsection (1) relate, and purporting
to be signed by a person occupying a
responsible position with relation to
the operation of the relevant device or
the management of the relevant
activities (whichever is appropriate),
shall be evidence of any matter stated
therein; and for .the purpose of this
subsection it is sufficient for a matter
to be stated to the best of the
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Admissibility
of certain
documents in
criminal
proceedings.
[10 of 2002]
knowledge and belief of the person
stating it.
(3) For the purpose of this section –
(a) information is taken to be supplied to
a computer if it is supplied thereto in
any appropriate form and whether it
so supplied directly or (with or
without human intervention) by
means of any appropriate equipment;
and
(b) information is taken to be supplied to
a computer where, in the course of
activities carried on by any individual
or body, information is supplied with
a view to its being stored or processed
for the purposes of those activities by
a computer operated otherwise than
in the course of those activities; and
(c) a document is taken to have been
produced by a computer whether it
was produced by it directly or (with
or without human intervention) by
means of any appropriate equipment.
92. (1) For the purposes of this section “business”
includes every kind of business, profession, occupation,
calling, operation or activity, whether carried on for profit or
otherwise.
(2) In any criminal proceedings where direct oral
evidence of a fact would be admissible, any statement
contained in a document and tending to establish that fact
shall, on production of the document, be admissible as prima
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facie evidence of that fact if –
(a) the document is, or forms part of, a
record relating to any trade or
business and compiled in the course
of that trade or business from
information supplied (whether
directly or indirectly) by persons who
have, or may reasonably be supposed
to have, personal knowledge of the
matters dealt with in the information
they supply; and
(b) the person who supplied the
information recorded in the statement
is called as a witness in the
proceedings:
Provided that the condition
that the person who supplied the
information recorded in the statement
shall be called as a witness need not
be satisfied if he is dead, or outside
bodily or mental condition to attend
as a witness, or cannot with
reasonable diligence be identified or
found, or cannot reasonably be
expected (having regard to the time
which has elapsed since he supplied
the information and to all the
circumstances) to have any
recollection of the matters dealt with
in the information he supplied.
(3) Nothing in this section shall render admissible
Guyana, or unfit by reason of his
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Weight to be
attached to
evidence.
[10 of 2002].
as evidence any statement made by a person interested at a
time when proceedings were pending or anticipated involving
a dispute as to any fact which the statement might tend to
establish.
(4) For the purpose of this section, a statement in a
document shall not be deemed to have been made by a person
unless the document or the material part thereof was written,
made or produced by him with his own hand, or was signed
or initialed by him or otherwise recognised by him in writing
as one for the accuracy of which he is responsible.
(5) For the purpose of deciding whether or not a
statement is admissible as evidence by virtue of this section,
the Court may draw any reasonable inference from the form
or content of the document in which the statement is
contained, and may, in deciding whether or not a person is fit
to attend as a witness, act on a certificate purporting to be a
certificate of a registered medical practitioner.
93. (1) In estimating the weight, if any, to be attached
to a statement rendered admissible as evidence by virtue of
sections 90 to 94 (inclusive), regard shall be had to all the
circumstances from which any inference may reasonably be
drawn as to the accuracy or otherwise of the statement, and
in particular –
(a) in the case of a statement falling
within section 91, to the question
whether or not the matter which the
information contained in the
statement reproduces, or is derived
from, was supplied to the relevant
computer or recorded for the purpose
of being supplied thereto,
contemporaneously with the
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Proof of
instrument to
validity of
which
attestation is
necessary.
[10 of 2002]
concurrence or existence of the facts
dealt with therein, and to the question
whether or not any person concerned
with the supply of information to that
computer, or with the operation of
that computer or any equipment by
means of which the document
contained in the statement was
produced by it, had any incentive to
conceal or misrepresent the facts;
(b) in the case of a statement falling
within sections 90 and 92 to 94
(inclusive), to the question whether or
not the statement was made
contemporaneously with the
occurrence or existence of the facts
stated, and to the question whether or
not the maker of the statement had
any incentive to conceal or
misrepresent the facts.
(2) For the purpose of any rule of law or practice
requiring evidence to be corroborated or regulating the
manner in which uncorroborated evidence is to be treated, a
statement rendered admissible as evidence by sections 90 to 94
(inclusive) shall not be treated as corroboration of the evidence
given by the maker of the statement.
93A. (1) Subject to subsection (2), in any proceedings
whether civil or criminal, an instrument to the validity of
which attestation is requisite may, instead of being proved by
an attesting witness, be proved in the manner in which it
might be proved if no attesting witness were alive.
(2) Subsection (1) shall not apply to the proof of
wills or other testamentary documents.
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Presumptions
as to
documents
twenty years
old.
[10 of 2002]
Saving as to the
other
provisions
relating to
evidence.
[10 of 2002]
Fax
[10 of 2002]
93B In any proceedings, whether civil or criminal,
there shall, in the case of a document proved, or purporting to
be not less than twenty years old, be made any presumption
which immediately before the commencement of this Act
would have been made in the case of a document of like
character proved, or purporting, to be not less than thirty
years old.
94. Nothing in last six preceding sections shall –
(a) prejudice the admissibility of any
evidence which would apart from the
provisions of this Act be admissible;
or
(b) enable documentary evidence to be
given as to any declaration relating to
a matter of pedigree, if that
declaration would not have been
admissible evidence if this Act had
not been passed.
94A. (1) In any legal proceedings –
(a) an electronic signature incorporated
into or logically associated with a
particular electronic communication
or particular electronic data; and
(b) the certification by any person of such
a signature,
shall each be admissible in evidence in relation to any
question as to the authenticity of the communication or data
or as to the integrity of the communication or data.
(2) For the purposes of this section an electronic
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Giving
depositions in
signature is so much of anything in electronic form as –
(a) is incorporated into or otherwise
logically associated with any
electronic communication or
electronic data; and
(b) purports to be so incorporated or
associated for the purposes of being
used in establishing the authenticity
of the communication or data, the
integrity of the communication or
data, or both.
(3) For the purposes of this section an electronic
signature incorporated into or associated with a particular
electronic communication or particular electronic data is
certified by any person if that person (whether before or after
the making of the communication) has made a statement
confirming that –
(a) the signature;
(b) a means of producing,
communicating or verifying the
signature; or
(c) a procedure applied to the signature,
is (either alone or in combination with
other factors) a valid means of
establishing the authenticity of the
communication or data, the integrity
of the communication or data, or
both.
95. (1) Where any person has been committed for trial
for any offence, the deposition of any person taken before a
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evidence at
trial.
[21 of 1932
29 of 1961
4 of 1972]
c. 10:01
magistrate may, if the conditions hereinafter set out are
satisfied, without further proof be read as evidence on the trial
of that person, whether for that offence or for any other
offence arising out of the same transaction or set of
circumstances as that offence.
The conditions hereinbefore referred to are the
following—
(a) the depositions must be the
deposition either of a witness whose
attendance at the trial is stated by or
on behalf of the Director of Public
Prosecutions to be unnecessary in
accordance with the provisions of
section 80 of the Criminal Law
(Procedure) Act, or of a witness who
is proved at the trial by the oath of a
credible witness to be dead or insane,
or so ill as not to be able to travel, or
who is absent from Guyana or cannot
be found, provided that, if the court is
satisfied that such absence is caused
by or due to any improper motive
connected with the cause on the part
of the deponent, and, if that motive
exists, that there is any collusion
between the deponent and the party
tendering the deposition in respect of
the motive, this enactment shall not
apply.
(b) it must be proved at the trial, either
by a certificate purporting to be
signed by the magistrate before whom
the deposition purports to have been
taken or by the oath of a credible
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c. 10:01
witness that the deposition was taken
in the presence of the accused person
or the prosecutor, as the case may be,
and that he or his counsel or solicitor
had full opportunity of cross-
examining the deponent.
(c) the deposition must purport to be
signed by the magistrate before whom
it purports to have been taken.
(2) In the case of a deposition taken under section
68 or 76 of the Criminal Law (Procedure) Act, the provisions
of subsection (1) of this section other than paragraph (b) shall
apply on its being proved at the trial either by a certificate
purporting to be signed by the magistrate before whom the
deposition purports to have been taken or by the oath of a
credible witness:
(a) that reasonable notice of the intention
to take such depositions was served
upon the person (whether accused or
prosecutor) against whom it is
proposed to be given in evidence; and
(b) that person or his counsel or solicitor
had, or might have had, if he had
chosen to be present, a full
opportunity of cross-examining the
deponent.
(3) This section shall not have effect in any case in
which it is proved–
(a) that the deposition, or where the
proof required by this section is given
by means of a certificate, that the
certificate was not in fact signed by
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Appointment
of
commissioners
to administer
oaths to
affidavits.
[35 of 1929]
the magistrate by whom it purports to
have been signed; or
(b) that where the deposition is the
deposition of a witness whose
attendance at the trial is stated to be
unnecessary as provided by section 80
of the Criminal Law (Procedure) Act
the witness has been duly notified
that he is required to attend the trial.
(4) It shall be sufficient evidence of absence from
Guyana, within the meaning of this section, to prove that the
deponent was on board a vessel or an aircraft on its outward
journey from Guyana bound for some port or place beyond
Guyana, and that on inquiry being made for the deponent
before trial at his last or most usual place of abode or business
he could not be found.
(5) If it is made to appear to the court that the
witness who made any deposition aforesaid may, within a
reasonable time, be capable of attending to give evidence and
that the ends of justice require that the witness should be
examined personally before the jury, the court may postpone
the trial on any terms it thinks just.
PART IV
MISCELLANEOUS PROVISIONS
96. (1) The President may issue to any justice of the
peace or other fit person a commission empowering him to be
a commissioner to administer oaths to affidavits, and to
receive declarations and affirmations in lieu of oaths, and
statutory declarations under the Statutory Declarations Act,
and to certify those affidavits, declarations, affirmations, or
statutory declarations.

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c. 5:09
Fee.
[5 of 1987]
Taking of oaths
outside
Guyana.
[4 of 1972]

Persons as to
oaths and
notarial act
abroad.

c. 80:01
The President may in any such commission limit the
power conferred thereby as to place or time or otherwise.
(2) Every oath administered, and every declaration
or affirmation made, before the commissioner shall be held
and received in any civil cause or matter to be as valid and
binding as if it has been administered by and taken or made
before one of the judges of the Supreme Court.
(3) Nothing in this section shall affect the Statutory
Declarations Act.
(4) For administering each oath, and receiving each
declaration and affirmation and statutory declaration, and
certifying it, such fee as the Minister may by order prescribe
shall be payable, under this section, to the commissioner.
97. Any oath or affidavit required for any purpose in
Guyana may be taken or made in any place out of Guyana
before any person having authority to administer an oath in
that place.
98. (1) Every diplomatic agent or consular officer of
Guyana exercising his functions in any foreign country or
place may in that country or place administer any oath and
take any affidavit and also do any notarial act which any
notary public can do within Guyana; and every oath, affidavit
and notarial act administered, sworn, or done by or before any
such person shall be as effectual as if duly administered,
sworn and done by or before any lawful authority in Guyana.
(2) For every oath administered, affidavit taken or
notarial act done under subsection (1), a diplomatic agent or a
consular officer shall charge such fee as may be prescribed by
order of the Minister responsible for finance; and any
reference to a notarial act in section 13 of the Tax Act shall
include a reference to a notarial act performed under this
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Summary
power of
committal of
person deemed
guilty of
perjury.

Punishment of
person
affirming
falsely.
section.
99. (1) If in any case it appears to any court, sitting in
the exercise of any jurisdiction in Guyana, that any person has
been guilty of perjury in any evidence given, or in any
affidavit, deposition, examination, answer, or other
proceeding made or taken before it, the court may direct that
person to be prosecuted for the perjury, if there appears to it to
be reasonable cause for so doing.
(2) In that case the court may commit the person
by warrant to prison to be brought before a magistrate (who
may be the presiding officer of that court) and to be further
dealt with according to law for the perjury, and at the same
time, by order in writing, direct any officer of police to
prosecute the person for the perjury before the magistrate of
some district mentioned in the warrant.
(3) The court shall cause certified copies of the
warrant and order in writing to be transmitted without delay
to the magistrate mentioned in the warrant, and it shall
thereupon be the duty of that magistrate to deal with the case,
so far as is practicable, in the same manner as if the person
had been apprehended under a warrant issued by him on a
complaint made or an information laid in respect of the
perjury:
Provided that it shall be compulsory for the magistrate,
except with the consent in writing of the court by which the
person was committed to prison, or of the judge thereof, to
commit him for trial for the alleged perjury in respect of which
he was so committed to prison.
100. Everyone who –
(a) in any case where an affirmation or
declaration is allowed by law in lieu
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Bringing up of
prisoner to give
evidence.
Saving of
tenure of office
of existing
commissioners.
s. 55
[25 of 1939
4 of 1972]
of an oath, wilfully, falsely, and
corruptly affirms or declares anything
which, if deposed on oath, would
have amounted to wilful and corrupt
perjury; or
(b) in any case where a person is allowed
by this Act to give evidence without
oath or affirmation, wilfully, falsely,
and corruptly gives any evidence
which, if deposed on oath, would
have amounted to wilful and corrupt
perjury,
shall be deemed guilty of wilful and corrupt perjury, and shall
be liable to be prosecuted and, if convicted, punished
accordingly.
101. Where the evidence of anyone who is in custody
is required on the trial or hearing of any cause or matter,
whether civil or criminal, in any court, the judge may, by an
order in writing under his hand, direct that that person shall
be brought before the court at the place, where and the time
when his evidence is required; and all those having the
custody of the person shall obey that order accordingly.
102. Nothing in this Act shall affect the tenure of office
of any commissioner authorised to administer oaths to
affidavits.

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SCHEDULE
ENACTMENTS REFERRED TO IN SECTION 55
___________
Chapter
Short title
Enactment
referred to c. 8:02

c. 8:01
The Summary
Jurisdiction (Offences) The Criminal Law
(Offences) Act
Sections 23, 24, and
143 (a); section 144
(a) as far as it
relates to second or
subsequent
convictions of the
offence specified
in section 143 (a);
section 165.
Sections 45, 69 to
73, both inclusive,
75, 76, 77, 83 to 87
(inclusive) 89, 92, 99
and 356.
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