Law of Evidence at Saint Helena, Ascension and Tristan da Cunha (BOT)

The legal systems of Saint Helena, Ascension Island, and Tristan da Cunha are based on English common law, supplemented by local statutes and ordinances. Each territory has its own legislature and legal framework, but they share a unified Constitution and judicial system. (General Introduction to Legislation | St Helena Government)

🏛️ Legal Framework

The territories operate under the St Helena, Ascension and Tristan da Cunha Constitution Order 2009, which: (The St Helena, Ascension and Tristan da Cunha Constitution Order 2009)

Establishes a unified legal system with a single Governor and Attorney General.

Provides for separate legislatures and legal systems for each territory.

Ensures the application of English law up to 1 January 2006, unless local laws provide otherwise. (Laws of Ascension – Ascension Island Government, General Introduction to Legislation | St Helena Government)

⚖️ Judicial System

The judicial system includes: (Governance – Ascension Island Government)

Supreme Court: The highest court, with jurisdiction over all three territories.

Court of Appeal: Hears appeals from the Supreme Court.

Magistrates' Court: Handles less serious criminal and civil cases.

Juvenile Court: Deals with cases involving minors. (Laws of Ascension – Ascension Island Government, St Helena Magistrates' Court)

The Judicial Committee of the Privy Council in London serves as the final court of appeal. (Politics of Saint Helena, Ascension and Tristan da Cunha)

📜 Laws of Evidence

While there is no single codified "Law of Evidence," the territories' legal systems incorporate:

English Common Law: Principles and precedents established in English law up to 1 January 2006.

Local Ordinances: Specific laws enacted by the legislatures of each territory.

Case Law: Decisions from local courts and the Judicial Committee of the Privy Council. (General Introduction to Legislation | St Helena Government, Laws of Tristan da Cunha | St Helena Government)

These sources collectively guide the admissibility and handling of evidence in legal proceedings.

📚 Accessing Legal Resources

For detailed information on the laws of each territory, you can refer to the official legislation websites:

St Helena Government Legislation

Ascension Island Government Laws

Laws of Tristan da Cunha

These platforms provide access to the Revised Edition of the Laws, Ordinances, and other legal documents pertinent to each territory. (Laws of Tristan da Cunha | St Helena Government)

 

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