8 CAP. 9.

CYPRUS

8

EVIDENCE

CHAPTER 9 OF THE LA WS

1959 EDITION

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PRINTED BY

C. F. ROWORTH LIMITED, 54, GRAFTON WAV, LONDON, W.l.

[Appointed by the Govemment of Cyprus the Government Printers of this Editionof Laws within the meaning of the Evidence (Colonial Statutes) Act, 1907.]

1959

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8 EV/DENGE. [CAP. 9.- 1

CHAPTER 9.

EVIDENCE.

ARRANGEMENT OF SECTIONS.Semon Page

1 Short title 18 2 Interpretation 1

3 Application of English lawand rules of evidence 24 Admissibility of documentary evidence as to facts in issue ...25 Weight to be attached to evidence 46 Evidence in actions for treach of promise 47 Claim upon estate of deceased person 48 Evidence in case of treason and misprision of treason... ...49 Unswom evidence of child of tender years 4

10 Particulars of immediate complaint may be given in evidence onbehalf of the prosecution 4

11 Statements in depositions afterwards contradicted may be con-sidered in evidence in certain cases 5

12 Reports and certificates admissible in evidence in certain circumstances 513 Who are competent witnesses 614 Husband and wife 615 Presumptions as to documents twenty years old 716 Proof of instruments to validity of which attestation is necessary ...717 Admission in evidence of documents executed out of the Colony ...718 Certified copies of registers, etc., to be evidence 8

SCHEDULE 9-

A LAW TO AMEND AND CONSOLIDATE CERTAIN PROVISIONS ~~~CaP.15.RELATING TO THE LAW OF EVIDENCE. 6 O;5~~.

[Stk August, 1946.]

ý. This Law may be cited as the Evidence Law. * Short title.

2. In this Law, I~terpreta-" civil proceeding" and cognate expressions meanþ tion.

any proceeding other than a criminal proceeding andincludes arbitrations and references;

8 " Court" means a Court of competent jurisdiction

and, in relation to arbitrations or references, shal1 beconstrued accordingly;

"criminal proceeding" and cognate expressionsmeans any proceeding against any person to obtainpunishment of such person for any offence against anyLaw or public instrument;

" document " includes books, maps, plans, drawings,

photographs and also includes any matter. expressed

.And see Stamp Law, Cap. 328, sections 20 and 21.

2 ,CAP.9.] EVIDENGE. G

or described upon any substance by means of letters,figures or marks or by more than one of these means,intended to be used or which may be used for thepurpose of recording that matter.

Altlictti~n 3. Save in so tar as other provision is made in this Lawfaw:!d~ules or has been made or shall be made in any other Law in forceof evidence. for the time being, everj Court, in the exercise of its juris-

diction in any civil or criminal proceeding, shall apply,so far as circumstances may permit, the lawand rules of 8evidence as in force in England on the 5th day of November,1914. .

~fi~;s~~- 4. (1) In any civil proceeding where direct oral evidencedo~umentary of a fact would be admissible, any statement made by a~Vlte~e. as person in a document and tending to establish that facti~u~ ýn shall, on production of the original document, be admissible

as evidence of that fact if the following conditions aresatisfied; that is to say-

(a) if the maker of the statement either-(i) had personal knowledge of the matters

dealt with by the statement; or(ü) where the document in question is or

forms part of a record purporting to be a con-tinuous record, made the statement (in so far asthe matters dealt with thereby are not withinhis personal knowledge) in the performance of aduty to record information supplied to him by aperson who had, or might reasonably be sup-posed to have, personal knowledge of thosematters; and

(b) subject to subsection (2) of this section, if the makerof the statement is called as a witness in theproceedings:

Provided that the condition that t~e maker of 8the statement shall be called as a wýtness neednot be satisfied if he is dead or unfit by reason ofhis bodily or mental condition to attend as awitness, or if he is beyond the seas and it is notreasonably practicable to secure his attendance,or if all reasonable efforts to find him have beenmade without success.

(2) In any civil proceedings, the Court may, at any stageof the proceedings, if having regard to all the circumstancesof the cage it is satisfied that undue detay or expense would

8 EV/DENGE. [GAP. 9. 3 iotherwise be caused, order that such a statement as ismentioned in subsection (1) of this section shal1 be ad~missible as evidence or may, without any such order havingbeen made, admit such a statement in evidence-

(a) notwithstanding that the maker of the statement isavailable but is not called as a witness;

(b) notwithstanding that the origina! document is notproduced, if in lieu thereof there is produced acopy of the original document or ot the material

8 part thereot certifýed to be a true copy in suchmanýýer as may be specifýed in the order or as theCourt may approve, as the cage may be.

(3) Nothing in this section shal1 render admissible asevidence any statement made by a person interested at atime when proceedings were pending or anticipated involv-ing a dispute as to any fact which the statement might tendto establish.

(4) For the purposes of this section, a statement in adocument sh all not be deemed to have been made by aperson unless the document or the material part thereof waswritten, made or produced by him with his own hand, orwas signed or initialled by him or otherwise recognized byhim in writing as one for the accuracy of which he isresponsible.

(5) For the purpose of deciding whether or not a state-ment is admissible as evidence by virtue of the foregoingprovisions, the Court may draw any reasonable interencefrom the form or contents of the document in which thestatement is contained, or from any other circumstances,and may, in deciding whether or not a person is fýt to attendas a witness, act on a certifýcate purporting to be thecertifýcate of a registered medical practitioner, and the

a Court may in its discretion reject the statement notwith-..standing that the requirements of this section are satisfýed

with respect thereto, if for any reason it appears to it to beexpedient in the interests of justice that the statementshould be admi tted.

(6) Nothing in this section sha!l prejudice the admissibilityof any evidence which would, apart from the provisions ofthis section, be admissible or enable documentary evidenceto be given as to any declaration relating to a matter ofpedigree, it that declaration would not have been admissibleas evidence it this La w had not been enacted.

4- CAP. 9.] EV/DENGE. G ~

~eiý~tlod 5. (1) In estimating the weight, if any, to be attachedto ito :vi~~n~e. a statement rendered admissible as evidence by section 4 of

this Law, regard shall be had to all the circumstances fromwhich any inference can reasonably be drawn as to theaccuracy or otherwise of the statement, and in particnlarto the question whether or not the statement was madecontemporaneously with the occurrence or existence of thefacts stated, and to the question whether or not the makerof the statement had any incentive to concea! or misrepre-seni the facts,

8(2) For the purpose of any role of law or practice requiringevidence to be corroborated or regulating the manýýer inwhich uncorroborated evidence is to be treated a statementrendered admissible as evidence by section 4 of this Lawshall not be treated as corroboration of evidence given bythe maker of the statement,

.Ev~dence in 6. A plaintiff in any action for breach of promise ofactions for . hall ' d t I h. hbreach of mamage S not recover ]u gmen un ess ýs or er

promise. testimony is corroborated by some other material evidencein support of such promise. The fact that the defendantdid not answer letters affýrming that he had promised tomarry the plaintiff is not such corroboration.

Claim upon 7. A claim upon the estate of a deceased person, whether~~~~t;s~~ founded upon an allegation of debt or of gift, shall not beperson. maintained upon the uncorroborated testimony of the

claimant, unless circumstances appear or are proved whichmake the claim antecedently probable, or throw the burdenof disproving it on the representatives of the deceased.

Evidence in 8. In all cases of treason and of misprision of treason the~e:s~~ and person charged with such offence may be convicted uponmisprision of the like evidence as if such person stood charged withtreason.

dmur er,

U~swom 9. No person shall be convicted of an offence upon the 8evýdence of .d f hild f t d I hchild of unswom evý ence o a c o en er years un ess suctender unswom evidence is corroborated by materia! evidenceyears. implicating the accused.

P~cul~s 10. Any Court, before which any preliminary inquiry isofýmmedýate, Id b f h, h d fcomplaint beýng he or e üre w ýc any person accuse o any

~ay~egiven offence is being tried, may receive in evidence, on behalf ofýn evýdence ' h . I f I .

ton behalf of the prosecutýon, t e partýcu ars o any comp aýn or anyt!ýe prosecu- statement relating to the offence made by the person ontion.

EVIDENGE. [CAP. 9. 5 i8 whom the offence has been committed, or the person in

charge of any property against which the offence has beencommitted and who was present when the offence was socommitted:

Provided that the particulars of any such complaint orstatement shall not be admissible on behalf of the prosecu-tion unless it appears to the Court before which a pre-liminary inquiry is being held or the Court before whichthe accused person is being tried that the complaint orstatement has been made, having regard to the circum-

8 stances of the cage, immediately af ter the commission of theoffence, and to the first person or persons to whom the personmaking the complaint or statement spoke af ter the com-mission of the offence, or to the person or persons to whomthe Court considers that it was natural that he wouldcomplain or make a statement regarding the offence.

11. (1) Where, upon the trial on information of a person .statemen!Saccused of any offence, any witnesses shall make any tion~~~:~~material statement of fact in direct contradiction to a wardsstatement of fact contained in his deposition or shall deny ::~~ctedor state that he does not recollect that he had made any co~sidere.d assuch statement, the deposition may be put in evidence; ~~~c~~~s.and if it appears to the Court, having regard to all thecircumstances of the case, that the statement thereincontained is true (notwithstanding that the witness has socontradicted or denied it or has stated as aforesaid), it shallbe lawful for the Court, in considering whether the accusedperson has or has not committed the offence charged againsthim in the information or any offence for which he maybe lawfullyconvicted by the Court on his trial, to treat thestatement of fact contained in the deposition as the trueevidence of the witness and to act upon it accordingly:

Provided that the Court shall not treat the statement offact contained in the deposition of a witness as his evidence,

8 unless it appears to the Court that the fact deposed to bythe witness is corroborated by other evidence in the cage.

(2) For the purposes of this section, the word II deposi-tion " shall have the same meaning as in the Criminal Cap. 155.

Procedure Law.

12. (1) Any document purporting to be a certificate or ~exi~r;:t:~dreport under the hand of any scientific expert on any ad~issibl~ inmatter or thing which has been submitted to him for '~~:Ý~c~i~~examination, analysis or report shall be admissible in any cumstances.

-20/6/57.

/

6 CAP.9.] EV/DENGE.crimina! proceeding as evidence of the facts stated there Owithout proof of the signature or appointment of suchscientific experi, unless the Court, acting ex proprio motuor at the request of a party to the proceeding, requires anysuch scientific expert to be called as a witness.

(2) In this section the expression tt scientific expert"

refers to-(a) the offýcers from time to time holding the following

appointments in the public service of theColony or acting in such appointments:- 8

(i) Senior Specialist (Pathologist);

(ii) Ana!yst;(iii) Inspector of Mines;

(b) any offýcer or person declared by the Governor,by order made with the advice and assistanceof the Chief J ustice and published in the 1Gazette, to be a scientific expert for the purposes '

of this section. t

Who a:e t 13. Subject to section 14 of this Law, all persons sha!l be:~ý:s:~. competent to give evidence in any proceedings, whether

civil or crimina!, unless the Court considers that theyareprevented by reason of tender years, mental incapacity orany other cause of the same kind from knowing that theyought to speak the truth or from understanding questionsput to them or from giving rationa! answers to those

questions.

ý:n~~~ 14. (1) Subject to subsection (2), in crimina! proceedingsagainst any person, the husband or wife, as the case may be,of such person shall not be a competent witness for theprosecution against that person nor a compellable witnessagainst any other person jointly charged with him or her.

(2) The husband or wife of a person charged- 8(a) with infiicting or attempting to infiict any bodily

injury or violence upon him or her or upon anyof his or her children;

(b) with an offence under any of the sections of theSchedule Criminal Code, set out in the Schedule to thisg:~: ~~~: Law, or under section 54 of the Children Law,

shall be a competent witness for the prosecution against theperson so charged and a compellable witness against anyother person jointly charged with him or her.

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18 EV/DENGE. [CAP. 9. .'

(3) Nothing in this section shall make a husband com-pellable to disclose any communication made to him by hisWife during the marriage or a wife compellable to discloseany communication made to her by. her husband duringthe marriage.

15. In any proceedings, whether civil or criminal, there t~resumPt-LL . h f d d .ýons as o

sha , ýn t e case o a ocument prove , or purportýng to documents

be not less than twenty years old, be made the same pre- tw~ty Id8 sumption which before the commencement of this Law ye o.

would have been made in the case of a document of !ikecharacter proved, or purporting, to be not less than thirtyyears old.

16. In any proceedings, whether civil or criminal, an ~oofofinstrument to the validity of which attestation is requisite ~~s~:ý~~~may, instead of being proved by an attesting witness, be of whic~ .

d o h . hO h .t o ht b d Of attestatýon prove ýn t e manýýer ýn w ýc i mýg e prove i no is necessary.

attesting witness were alive:Provided that nothing in this section shall apply to the

proof of Wills or other testamentary documentso

17. An y document executed- ~dm~ssionýn evýdence

(a) in the United Kingdom or in any other place in ofdocumentswhich Her Majesty exercises jurisdiction (other ~~~~~ted out

than the Colony), and purporting to have affýxed, CoIony.impressed, or subscribed thereon or thereto- 3016{57.

(i) in the case of powers of attorney the sealand signature of a notary public or an officerauthorized by law in any such place to performthe functions of a notary public;

(ii) in the case of documents other thanpowers of attorney, the seal and signature ofany justice of the peace, or any commissioner

8 for oaths, notary public or other officerauthorized by law in any part of the UnitedKingdom or any such other place in whichHer Majesty exercises jurisdiction to administer

-an oath or to do any notarial act;(b) in any foreign country or place, and purporting

to have affixed, impressed or s'Ubscribed thereonor thereto the seal and signature of any of thefollowing persons, namely, any British ambassa-dor, envoy, minister, charge d'affaires, or anysecretary of embassy or legation exercising his

c. o

8" .CAP..9.],EVIDENCE,- O

functions in any foreign country, or any Britishconsul-genera! consul, vice-consul, pro-consul,and consular agent exercising his functions inany foreign place, in testimony of any oath,affýdavit, or act administered, taken, or doneby or before any such person as aforesaid,

sha11, unless any other specifýc provision is made in respectof aiýy matter orthing in any Law in force for the time being,be admitted in evidenge in any Court of the Colony or inany proceeding or transaction under any Law in force for

8the time being, without proof of the seat or signature ofany such person, or of his 'offýcia! character,

Cer~e~ 18. Where any register is kept or any entry or record is~~~~~~~, made, under any Law in force for the time being, an extract:~ide~c~e ther.efrom or a copy thereof purport~ng to ~e signed a,nd

certýfýed as a true copy by the person havýng authontyto keep the register or make the entry or record, shall beadmissible, in any proceedings whether civil or criminal,as evidenge of all that is stated therein relating to suchregister, entry or record.

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8 EVIDENGE. [GAP. 9. ,9

SCHEDULE.

(Section 14.)

OFFENCES.

Criminal Code, Gap. 154..,..,

Section. Marginal note.

8144. Definition of rape.146. Attempt.148. Abduction.149. Abduction of girls under sixteen.150. Compulsion of mamage.151. Indecent assault on females.152. Indecent assault on males.153. Defilement of girls under thirteen years of age.155. Defilement of idiots or imbeciles.156. Suppression of brothels.157. Procuration.158. Allowing child or young person to frequent a brothel.159. Procuring defilement of woman by threats, or fraud or

administering drugs.160. Householder, etc., permitting defýlement of woman under

thirteen years on his premises.161. Householder permitting defilement of woman under sixteen

years of age on his premises.162. Detention with intent or in brothel.164. Person living on earnings of prostitution or persistently

soltciting.171. Unnatural offences.178. Fraudulent pretence ofmamage.179. Bigamy.181. Exposure of child.185. Child stealing.209. Infanticide.221. Responsibility of person who has charge of another.222. Duty of head of family.

8 223. Duty of master.

,

o (2)