Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Searchlight switches off!
    Front Page
    Searchlight switches off!
    Webmaster 
    September 25, 2026
    What is the atmosphere like in a newspaper production workplace on the final day, not of regular work, but the end of the road of publishing the paper...
    Sisters provide parting gift to Searchlight
    Front Page
    Sisters provide parting gift to Searchlight
    Webmaster 
    September 25, 2026
    Sisters Keeta and Kimmette Robertson, dropped in on SEARCHLIGHT on Thursday, September 25, 2026 in the topsy-turvy of the final day of producing the n...
    Elections petition  case resumes Monday
    Front Page
    Elections petition case resumes Monday
    Webmaster 
    September 25, 2026
    The election petition case which challenges to the parliamentary eligibility of Prime Minister Dr. Godwin Friday and Foreign Minister Fitzgerald Bramb...
    Nicolas is not a member of Cabinet says PM Friday
    Front Page
    Nicolas is not a member of Cabinet says PM Friday
    Webmaster 
    September 25, 2026
    Prime Minister Dr. Godwin Friday has dismissed claims that Nicholas Friday, his son, is a member of Cabinet. Speaking at a town hall meeting in New Yo...
    A New Era, as I experienced it
    Features
    A New Era, as I experienced it
    Webmaster 
    September 25, 2026
    By Dexter Rose The year was 1995 and I took a call one day from my brother Renwick Rose. There was not much chitchat as he went straight to the point....
    Searchlight Has Served Us Well
    Features
    Searchlight Has Served Us Well
    Webmaster 
    September 25, 2026
    by: Hans King My journey with Searchlight started in 1995 after a chance encounter with Bassy Alexander. I was unemployed at the time having resigned ...
    News
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    News
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines joined communities around the world in observing World Alzheimer’s Day 2026 with renewed emphasis on the importance of e...
    Canouan chef fined for possession of marijuana
    From the Courts, News
    Canouan chef fined for possession of marijuana
    Webmaster 
    September 22, 2026
    A chef of Canouan was ordered to pay over EC$ 1,000 when he appeared in court on September 21, 2026 on two marijuana charges. Twenty-two-year old Jova...
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    News
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    Webmaster 
    September 22, 2026
    PRIME MINISTER Dr. Godwin Friday met on Sunday, September 20, 2026 with United Nations Secretary-General António Guterres, at United Nations Headquart...

    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