Procedure for witness testimony - national proceedings

Dominica

Dominica - Criminal Law and Procedure Act 1993

PART VII
TRIAL, DEFENCE, VERDICT, ETC.

32. Rule for addresses by counsel to jury.

(2) 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. 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 to reply ; but the right of reply shall be always allowed to the Director of Public Prosecutions, or to any counsel acting on behalf of the State.

PART VIII
EVIDENCE, AMENDMENT, JUDGMENTS, ETC.

43. Crime or interest does not incapacitate a witness

No person offered as a witness shall, by reason of any alleged Crime or interest incapacity from crime or interest, be excluded from giving evidence on the trial of any criminal case, or in any proceeding relating, or incidental, to such case.


44.Persons so offered as witnesses are compellable to give evidence.

Every person, so offered as a witness, shall be admitted and be compellable to give evidence on oath, or solemn affirmation where an affirmation is receivable, notwithstanding that such person has, or may have, an interest in the matter in question, or in the event of the trial in which he is offered as a witness, or of any proceeding relating, or incidental, to such case, and notwithstanding that such person, so offered as a witness, has been previously convicted of a crime or offence.

Rome Statute

Article 69 Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.