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 13, 2008

The High Court

Last week we looked at the procedure in a trial of the accused in a criminal matter in the High Court and we concluded with how a voir dire is conducted. We noted that it is used to determine whether certain evidence is inadmissible. Where the defence lawyer questions, for example, a confession given by the accused, the Court must, in the absence of the jury, hear arguments from both the Prosecution and Counsel for the Defence on that issue. This week we will continue to look at the procedure in a criminal Court.{{more}}

Submissions

After both sides have put forward their argument, the judge will determine whether the evidence is admissible or not. If the evidence is inadmissible and where the prosecution has no other evidence to depend on, the Judge will instruct the jury to give a verdict of not guilty. If the evidence is admissible then the trial will continue and the prosecutor will continue with the examination of the witnesses. Upon the completion of the examination, the cross examination and re-examination of the witnesses for the prosecution, the Defence Counsel could make a submission that there is insufficient evidence to convict the accused. The judge will listen to arguments from both sides and if he agrees with the Defence that there is insufficient evidence the case would come to an end and the accused would be allowed to go free.

Case continues

If the Defence Counsel is unable to convince the judge that there is insufficient evidence, then the case must go on. The accused is now allowed to bring forward his witnesses to give his side of the case. The witnesses would be examined by Defence Counsel and cross examined by the Prosecutor and re-examined by Defence Counsel. The next step is for the two sides to address the jury. At this stage the Prosecutor will give an overview of the evidence against the accused. He will try to convince the jury that he has proven his case beyond reasonable doubt and that they, members of the jury, must bring back a verdict of guilty. On the other hand the Defence Counsel will also review the evidence that is favourable to the accused and try to convince the jury that the accused is not guilty and should be acquitted.

The Judge’s Summation

The case against the accused is concluded with a summation by the judge. The duty of judge is to give an overview of the evidence to explain the law and give directions to the jury as to how to proceed. The judge has an important role to play because his actions or omissions could become grounds for appeal if the accused is found guilty.

The Jury’s Verdict

The jury will proceed to the jury room where they will examine the evidence and come to a verdict. They can take with them or ask to see again exhibits that were tendered in the case. If there is a matter that is not too clear, they can ask the judge to explain, but they must examine the facts and come to a decision on their own. If they make a decision within two hours of their consideration in a non-capital matter, they must be unanimous on that decision, that is, all nine jurors must agree one way or the other. After two hours have elapsed, a verdict of seven jurors shall be accepted. In a capital matter, such as murder, the verdict must be unanimous, that is all twelve jurors must decide one way or the other.

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

  • FacebookComments
  • ALSO IN THE NEWS
    NATIONAL DAY OF PRAYER
    Press Release
    NATIONAL DAY OF PRAYER
    Webmaster 
    October 5, 2026
    The National Day of Prayer will be observed in St. Vincent and the Grenadines on Monday, 5th October, 2026 under the theme: "Restore, Unite and Uplift...
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Press Release
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Webmaster 
    September 29, 2026
    By Yvette Gittens, Early Childhood Practitioner and Literacy Specialist, SVG. The Ministry of Education must reconsider policies that restrict teacher...
    Five charged in separate ammo and firearms offenses
    Press Release
    Five charged in separate ammo and firearms offenses
    Webmaster 
    September 29, 2026
    Police arrested and charged five men in connection with two separate firearms and ammunition offenses in operations conducted on Sunday, September 26,...
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    VINLEC explains its metering operations at press briefing
    Press Release
    VINLEC explains its metering operations at press briefing
    Webmaster 
    September 28, 2026
    The meters previously used by the St Vincent Electricity Services Limited (VINLEC) were electromechanical ones as Senior Transmission and Distribution...
    West St George Secondary School celebrates 22 years
    Press Release
    West St George Secondary School celebrates 22 years
    Webmaster 
    September 28, 2026
    On Wednesday September 16, 2026, the West St George Secondary School (WSGSS), in Belair celebrated its 22nd year of operation with a thanksgiving serv...
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    RedRootSVG to launch island-wide Human Rights Campaign
    News
    RedRootSVG to launch island-wide Human Rights Campaign
    Webmaster 
    September 26, 2026
    RedRootSVG Inc is set to launch an island-wide initiative designed to educate, empower, and engage citizens on their fundamental human rights and resp...
    Round D Town Relay attracts over 60 teams
    News
    Round D Town Relay attracts over 60 teams
    Webmaster 
    September 26, 2026
    The 2026 Team Athletics SVG Round D Town Road Relay set for this Sunday, September 27 in the streets of capital, Kingstown, has attracted a whopping 6...
    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...

    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