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
October 21, 2005

More legal terms to remember

We wILL continue to look at some words that are used in the court and legal documents so that we will be more knowledgeable about our laws.

You would hear the word arraignment when the Assizes are conducted in February, June or October. Arraignment comes from the verb arraign. This is to call the accused before the court to answer to the charges laid against him by the prosecutor in a criminal matter. {{more}} This session is held on the first day of the Criminal Assizes conducted in the High Court.. The accused or defendant is called by name and the indictment is read to him/her. He is expected to plead guilty or not guilty. If he stands mute or speechless it is taken to mean that he has pleaded ‘not guilty’.

An indictment is the written accusation when someone is indicted for a crime. The document laying out the charges is prepared by the Director of Public Prosecution and is read by the clerk of the High Court to the accused in open court. The charges are brought under the act that has been contravened. For example, if the accused injures someone he will be charged under Section 174 of the Criminal Code of the Laws of St. Vincent and the Grenadines, Revised Edition, 1990 for “unlawfully and maliciously inflicting harm upon a person”. Where it was done with intent he will be charged under Section 173. Indictments are used in the High Court and not in the Magistrate courts

A deposition consists of the statements of a witness written down by the magistrate in a preliminary enquiry in the presence of the accused. The statements are essentially the evidence given by the witnesses that are brought by the prosecutor in support of the charge. The answers given under cross-examination and re-examination also form part of the deposition. If there is a prima facie case against the accused then the depositions are sent to the High court for trial. If there is insufficient evidence then the accused could be discharged.

Prima facie (Latin) If a prima facie case is made out it means that there is sufficient strong evidence for the accused to answer the charge or charges against him. The charges could however be rebutted by the evidence given by the accused.

Nolle prosequi (Latin) – When a nolle prosequi is entered, the Director of Public Prosecutor informs the court that it is no longer undertaking or continuing proceedings against the accused, in other words, the case is withdrawn. The accused would be discharged. A nolle prosequi could be entered at any time after the indictment is made. However, it does not prevent the DPP from bringing a case against the accused on the same facts at a later time.

Bona fide (Latin) – This suggests that something was done in good faith without any fraud or deceit. A bona fide purchaser without notice of the defects in the title of the land he purchases could appeal to the court to have his money returned or keep his purchase.

Tort – A tort is a civil wrong for which one can obtain a remedy in the form of damages. For example, if someone is imprisoned wrongfully that person can bring an action in tort in the civil court against the person who imprisoned him. If someone fails to observe certain standards of care towards another person then that person to whom there is a duty of care can bring an action in negligence. If a person is injured in a motor vehicle accident he may sue the tortfeasor for negligence. The person who caused the wrong is called the tortfeasor.

  • FacebookComments
  • ALSO IN THE NEWS
    Gov’t investigating operations of statutory corporations under ULP
    Front Page
    Gov’t investigating operations of statutory corporations under ULP
    Webmaster 
    September 22, 2026
    THE GOVERNMENT said it has discovered discrepancies in some statutory organisations that need deeper investigation with the possibility of holding peo...
    ‘Wiped Computer’ matter still under investigation – Foreign Affairs Minister
    Front Page
    ‘Wiped Computer’ matter still under investigation – Foreign Affairs Minister
    Webmaster 
    September 22, 2026
    THE CLAIM that the computers at the St Vincent and the Grenadines (SVG) Consulate in NewYork (NY) were wiped is still being investigated by the New De...
    SVG has no capacity for borrowing says PM Friday
    Front Page
    SVG has no capacity for borrowing says PM Friday
    Webmaster 
    September 22, 2026
    THE GOVERNMENT of St Vincent and the Grenadines (SVG) can no longer borrow and invest. “...there is no room for it...”, Prime Minister Dr. Godwin Frid...
    Cuba as national security threat to US ‘entirely farcical’, says Gonsalves
    Front Page
    Cuba as national security threat to US ‘entirely farcical’, says Gonsalves
    Webmaster 
    September 22, 2026
    ST VINCENT AND THE Grenadines’ Opposition Leader, Dr. Ralph Gonsalves has characterized Washington’s framing of Cuba as a national security threat as ...
    SSU conducts basic security course for 16 Auxiliary Recruits
    Front Page
    SSU conducts basic security course for 16 Auxiliary Recruits
    Webmaster 
    September 22, 2026
    Sixteen Auxiliary Police recruits have begun three weeks of intensive training under the Special Service Unit’s Basic Security Course No. 1 of 2026, a...
    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...
    News
    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...
    Agreement signed to help farmers market produce using digital technology
    News
    Agreement signed to help farmers market produce using digital technology
    Webmaster 
    September 18, 2026
    The Government of St Vincent and the Grenadines (SVG), is advancing a data-driven partnership to connect local farmers to international buyers while d...

    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