Law of Evidence at Solomon Islands
In the Solomon Islands, the Evidence Act 2009 serves as the primary legislation governing the law of evidence in both civil and criminal proceedings. Prior to its enactment, the legal system relied on a combination of English statutes, local legislation, and common law principles. The Evidence Act 2009 was introduced to codify and modernize these rules, providing a comprehensive framework for the admissibility and handling of evidence in the country's courts. ([PDF] Evidence Bill 2009 - National Parliament of Solomon Islands)
š Key Provisions of the Evidence Act 2009
Competence and Compellability of Witnesses: The Act outlines who may testify in court and under what circumstances, including provisions for children and persons with mental disabilities.
Admissibility of Evidence: It specifies the types of evidence that are admissible, including oral testimony, documents, and electronic records.
Hearsay Rule: The Act establishes the general rule that hearsay evidence is inadmissible, with certain exceptions provided under sections 117 and 118. For instance, section 122(1) allows for the admissibility of representations contained in documents recording messages transmitted by electronic means, such as email or fax. ([PDF] Evidence & Admissibility, [PDF] Judicial Officers' Fraud and Corruption Workshop Solomon Islands)
Documentary Evidence: Part 8 of the Act addresses the use of documentary evidence, detailing procedures for the admission of documents and the conditions under which they may be accepted as evidence without the need for the original document. ([PDF] Chapter 12: Documentary Evidence - Public Solicitor's Office)
Witness Testimony: The Act provides guidelines for the examination of witnesses, including rules for examination-in-chief, cross-examination, and the handling of hostile witnesses. It also addresses issues related to witness credibility and the use of prior inconsistent statements.
āļø Judicial Application
The High Court of Solomon Islands applies the Evidence Act 2009 in its proceedings, setting precedents that guide lower courts. For example, in Lobban v R [1995] 2 CrAppR 573, the Privy Council emphasized the importance of witness testimony being given on oath, with the exception of the defendant who is permitted to give an unsworn statement from the bar table. (Criminal Law in Solomon Islands - Chapter 8: Admissibility ... - PacLII)
š Accessing Legal Resources
For detailed information on the Evidence Act 2009 and related legislation, you can refer to the official publications provided by the Parliament of Solomon Islands:
Evidence Act 2009: PDF Document ([PDF] EVIDENCE BILL 2009 (BILL NO. 12 OF 2009))
Criminal Law in Solomon Islands ā Chapter 8: Admissibility of Evidence: PDF Document (Criminal Law in Solomon Islands - Chapter 8: Admissibility ... - PacLII)
Evidence Law and Advocacy in the Solomon Islands: PDF Document ([PDF] Evidence Law and Advocacy in the Solomon Islands)
These resources provide comprehensive insights into the application and nuances of the Evidence Act 2009 in the Solomon Islands.
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