Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
March 7, 2008

Proceedings in the High Court

Some time ago we looked at proceedings in a criminal trial in the High Court. At this time, when all eyes are turned towards the High Court, I will explain how a criminal trial is conducted. It must be remembered that criminal matters that are dealt with in the High Court are initiated in the Magistrate’s Court, whether it is the Serious Offence Court or the Family Court or a District Magistrate’s Court, unlike civil matters.{{more}} Matters such as burglary, robbery, murder, wounding and any serious offence must first be dealt with at a preliminary enquiry, where the Magistrate determines whether there is sufficient evidence for the matter to go on to the High Court

Preliminary Enquiry

In the preliminary enquiry, the accused is not called upon to plead. In other words, he does not have to say that he is guilty or not guilty. Prior to this, the Police would have located the witnesses and they would have been given the opportunity to make statements regarding what they saw at the crime scene. The next stage is to give the evidence at the Magistrate’s Court in a Preliminary Enquiry. After all the witnesses have given their evidence, the Magistrate would decide whether there is sufficient evidence to send the case to the High Court. The same witnesses would be called upon to give the evidence verbally at the trial in the High Court.

The High Court

In the High Court the evidence is heard by a judge and jury. The witnesses for the State are examined by the prosecutor and cross-examined by counsel for the defence. Witnesses brought on behalf of the accused are examined by defence counsel and cross- examined by the prosecutor. The jury listens to the evidence and must determine the case on the evidence given in court. Jurors are required to deliberate on evidence given in court and not refer to information given in the newspaper, radio or television. So a juror has to be alert and must stay awake during the course of the trial.. The jury is known as the arbiter of facts while the judge is the arbiter of the law. Laws pertaining to criminal offences are given in the Criminal Code, Chapter 124 of the laws of St. Vincent and the Grenadines (the Blue Book Volumes) and the procedure that the Court must follow are given in The Criminal Procedure Act, Chapter 125 of the laws of St. Vincent and the Grenadines. The judge must also rely on case laws contained in cases that have become precedent on various points of law.

Voir dire

The prosecution first has the opportunity to examine the witness and he must prove beyond a reasonable doubt that the accused committed the offence. During the course or the trial, an issue may present itself where if discussed in the presence of the jury might be prejudicial to the accused. The Court will conduct what is called a voir dire According to Black’s Dictionary the pronunciation is “vwahr deer” or “vor deer”. French in origin, the words mean to test the truth. Under our laws, an examination of the evidence takes place to decide whether the evidence is admissible. Both sides would put forth argument and make submissions. The judge would take account of the submissions from both sides and on the basis of the law decide whether the evidence is admissible. If he considers the evidence inadmissible, then evidence cannot be used in the case. This might have significant impact on the case if the prosecution was depending on the evidence to prove his case. If the matter is admissible, then it accepted as evidence in the case.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Five brawlers handed ‘keys to their own cell’
    Front Page
    Five brawlers handed ‘keys to their own cell’
    Forrest 
    March 3, 2026
    Four teenagers and one young adult, some of whose caution statements revealed their knowledge of the locations of Sixx and Seven gangs across St Vince...
    Bill for NIS gratuitous payment coming soon
    Front Page
    Bill for NIS gratuitous payment coming soon
    Forrest 
    March 3, 2026
    The government is expected to bring a Bill before the House of Assembly that on passage will allow the National Insurance Services (NIS) to make gratu...
    Public Service Union preparing for elections
    Front Page
    Public Service Union preparing for elections
    Forrest 
    March 3, 2026
    The Public Service Union (PSU), in preparation for its general elections, is informing its members and the wider public that the process is now offici...
    Visa Free travellers need ETA to enter United Kingdom
    Front Page
    Visa Free travellers need ETA to enter United Kingdom
    Forrest 
    March 3, 2026
    As of last Wednesday, February 25th,2026, Visa-free travellers going to the UK will need to obtain permission prior to their visit under the expansion...
    No more State adverts for Star Radio
    Front Page
    No more State adverts for Star Radio
    Forrest 
    March 3, 2026
    Opposition Leader Dr. Ralph Gonsalves, has appealed for support to keep Star Radio on the air. This appeal was made on his Wednesday morning February ...
    Some cruise calls cancelled, tourism vendors affected
    Front Page
    Some cruise calls cancelled, tourism vendors affected
    Forrest 
    March 3, 2026
    A port official said yesterday that the relevant authorities are working feverishly to address the cancellation of multiple P&O Cruises calls to Kings...
    News
    PM Friday holds bi-lateral engagements while at CARICOM Heads Meeting
    News
    PM Friday holds bi-lateral engagements while at CARICOM Heads Meeting
    Forrest 
    March 3, 2026
    Prime Minister, Dr. Godwin Friday, held bilateral engagements on the margins of the 50th Regular Meeting of the CARICOM Heads of Government with Secre...
    SVG Girl Guides Association Celebrates World Thinking Day 2026 in Georgetown
    News
    SVG Girl Guides Association Celebrates World Thinking Day 2026 in Georgetown
    Forrest 
    March 3, 2026
    The Girl Guides Association of Saint Vincent and the Grenadines joined Guiding sisterhoods around the world in celebrating World Thinking Day 2026 wit...
    Consular Representative to hold appointments for US citizens in SVG on March 12
    News
    Consular Representative to hold appointments for US citizens in SVG on March 12
    Forrest 
    March 3, 2026
    A Consular Officer from the U.S. Embassy will visit St. Vincent and the Grenadines (SVG), to accept applications by appointment only for U.S. passport...
    West Indies Senior Men’s Team struck in India
    News
    West Indies Senior Men’s Team struck in India
    Forrest 
    March 3, 2026
    After two-time winners, the West Indies Senior Men’s Team were knocked out of the ICC Men’s T20 World Cup on Sunday, March 1st, 2026; their plans to h...
    Regional journalists in Barbados for CDB press conference
    News
    Regional journalists in Barbados for CDB press conference
    Forrest 
    March 3, 2026
    The Caribbean Development Bank’s (CDB) vision and 10-year strategic direction, its 2025 performance and what’s ahead in 2026 is expected to be discuss...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok