Law of Evidence at Turks and Caicos Islands (BOT)
The Law of Evidence in the Turks and Caicos Islands is primarily governed by the Evidence Ordinance (Cap. 2.06), which applies to all judicial proceedings before any court in the jurisdiction. This Ordinance outlines the rules for the admissibility, relevance, and evaluation of evidence in both civil and criminal cases. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
Key Provisions of the Evidence Ordinance
1. Definition of Evidence
Oral Evidence: Statements made by witnesses in court.
Documentary Evidence: Documents produced for the inspection of the court.
Real Evidence: Physical objects presented in court.
Fact: Any thing, state of things, or relation of things, capable of being perceived by the senses; or any mental condition of which any person is conscious.
Fact in Issue: Any fact from which, either by itself or in connection with other facts, the existence or non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
2. Relevance of Facts
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue, and of such other facts as are declared to be relevant.
Facts which though not in issue are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.
In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
3. Admissions and Confessions
Admission in Civil Cases: In civil cases, no admission is relevant if it was made either upon an express condition that evidence of it was not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.
Confession of an Accused Person: The Ordinance outlines the conditions under which a confession by an accused person is admissible in evidence. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
4. Documentary Evidence
Primary Evidence: The document itself produced for the inspection of the court.
Secondary Evidence: Includes copies made from or compared with the original; oral accounts of the contents of a document given by some person who has seen it.
Documents must be proved by primary evidence, except in certain cases where secondary evidence is admissible.
Secondary evidence may be given of the existence, condition, or contents of a document admissible in evidence in certain cases, such as when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
5. Witnesses
Competence and Compellability: In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
Evidence of Access: The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.
Criminal Proceedings: In all criminal proceedings, the accused may be called as a witness, but the accused shall not be called as a witness without his consent.
Witness Not Compelled to Criminate Himself: No witness shall be compelled to answer any question the answer to which will criminate or may tend directly or indirectly to criminate such witness or which may expose him to a civil suit at the instance of some person. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
6. Examination of Witnesses
Examination-in-Chief: The examination of a witness by the party who called him shall be called his examination-in-chief.
Cross-Examination: When a witness is cross-examined, he may, in addition to the questions referred to, be asked any questions which tend to test his accuracy, veracity, or credibility; to discover who he is, and what is his position in life; or to shake his credit by injuring his character.
Court's Power to Examine Witnesses: The judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases in any form, at any time, of any witness, or of the parties, about any facts relevant or irrelevant; and may order the production of any document or thing. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
7. Improper Admission and Rejection of Evidence
No new trial shall be ordered for the improper admission or rejection of evidence unless the court is of the opinion that the error has occasioned a miscarriage of justice. (02.06 Evidence Ordinance Pages 1-49 - Flip PDF Download | FlipHTML5)
Additional Legal Frameworks
Rules of the Supreme Court 2000: These rules govern civil procedure in the Supreme Court, including provisions on the discovery and inspection of documents. They provide for mutual discovery of documents, orders for discovery, and sanctions for failing to comply with discovery requirements. (Litigation 2025 - Turks & Caicos | Global Practice Guides | Chambers and Partners)
Legal Professional Privilege: The Turks and Caicos Islands recognize the concept of legal professional privilege, which protects certain communications from being disclosed in legal proceedings. This includes documents protected by legal professional privilege, documents tending to incriminate or expose to a penalty the party who would produce them, and documents privileged on the grounds of public policy. (Litigation 2025 - Turks & Caicos | Global Practice Guides | Chambers and Partners)
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