Difference between revisions of "Saint Lucia"

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Defendant’s rights in Saint Lucia are determined and enforced by the Caribbean Court of Justice <ref>[https://guides.law.fsu.edu/caribbean/stlucia].</ref> and the International Court of Justice <ref>[https://www.icj-cij.org/en/states-entitled-to-appear].</ref>.   
 
Defendant’s rights in Saint Lucia are determined and enforced by the Caribbean Court of Justice <ref>[https://guides.law.fsu.edu/caribbean/stlucia].</ref> and the International Court of Justice <ref>[https://www.icj-cij.org/en/states-entitled-to-appear].</ref>.   
  
The Saint Lucia Criminal Code articulates that a “defendant is entitled to bail and the conditions of bail shall be reasonable but bail can be denied if the court thinks the person would fail to surrender to custody, would commit an offense, or interfere with witnesses or the court thinks they should be kept in custody for his/her own protection, for the protection of the community, or, if he/she is a young person, for their own welfare.
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The Saint Lucia Criminal Code articulates that a “defendant is entitled to bail and the conditions of bail shall be reasonable but bail can be denied if the court thinks the person would fail to surrender to custody, would commit an offense, or interfere with witnesses or the court thinks they should be kept in custody for his/her own protection, for the protection of the community, or, if he/she is a young person, for their own welfare” <ref>[Saint Lucia Criminal Code 592-593].</ref>.
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== Rights of the Accused ==
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The Saint Lucia Constitution outlines an accused individuals’ right against unlawful arrests, searches, and seizures <ref>[Saint Lucia Constitution: Chapter 1: 1.a, 1.c, 6.1, 6.2, 7.1].</ref>, against unlawful detention <ref>[Saint Lucia Constitution: Chapter 1: 1.a, 3.1].</ref>, to not be tortured or ill-treated <ref>[Saint Lucia Constitution: Chapter 1: 5].</ref>, to be informed of charges <ref>[Saint Lucia Constitution: Chapter 1: 3.2].</ref>, to the presumption of innocence <ref>[Saint Lucia Constitution: Chapter 1: 8.2.a].</ref>, and the right against self-incrimination <ref>[St. Lucia Constitution: Chapter 1: 8.7].</ref>.  In addition, the Saint Lucia Constitution details an accused individuals’ right to counsel and effective assistance <ref>[St. Lucia Constitution: Chapter 1: 3.2].</ref>, the right to present a defense <ref>[St. Lucia Constitution: Chapter 1: 8.2.d].</ref>, and to due process <ref>[St. Lucia Constitution: Chapter 1: 8.1, 8.2].</ref>.
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The right to equal protection of the laws is extended to “…race, skin color, sex, religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status, and HIV/AIDS status. The law does not prohibit discrimination regarding gender identity” <ref>[Saint Lucia 2019 Human Rights Report].</ref>. 
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The Saint Lucia Constitution guarantees the right to bail <ref>[St. Lucia Constitution: Chapter 1: 3.5].</ref>,  the right against Ex Post Facto Prosecution <ref>[St. Lucia Constitution: Chapter 1: 8.4].</ref>,  against double jeopardy <ref>[St. Lucia Constitution: Chapter 1: 8.5, 8.6 ].</ref>,  the right to fair trial <ref>[St. Lucia Constitution: Chapter 1: 8.8].</ref>,  to a trial by jury <ref>[St. Lucia Constitution: 8.2.d].</ref>,  to a speedy trial <ref>[St. Lucia Constitution: 8.1 (uses the word “reasonable”)].</ref>,  and the right to have an impartial judge <ref>[St. Lucia Constitution: Chapter 1, 8.8].</ref>.  Additionally, the accused has the right to language interpretation <ref>[St. Lucia Constitution: Chapter 1: 8.2.b, 8.2.f].</ref>, to Habeas Corpus <ref>[St. Lucia Constitution: Chapter 1: 3.3].</ref>, and to appeal <ref>[Saint Lucia Criminal Procedure Rules: 5.4].</ref>. 
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Capital Punishment is legal <ref>[Saint Lucia Criminal Code: 1110].</ref>.  
  
  
  
 
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Revision as of 11:10, 16 August 2022

Introduction

Quick summary of the context (including the country's recent history)

“Saint Lucia is a constitutional monarchy with Queen Elizabeth II as the head of state, represented by a governor-general” [1]. Governed by the Eastern Caribbean Supreme Court [2], the Saint Lucia legal system is a combination of civil and English common law [3].

Legal Aid

The 2007 Legal Aid Act provides for state sponsored civil and criminal legal aid [4].


Defendant's Rights

Defendant’s rights in Saint Lucia are determined and enforced by the Caribbean Court of Justice [5] and the International Court of Justice [6].

The Saint Lucia Criminal Code articulates that a “defendant is entitled to bail and the conditions of bail shall be reasonable but bail can be denied if the court thinks the person would fail to surrender to custody, would commit an offense, or interfere with witnesses or the court thinks they should be kept in custody for his/her own protection, for the protection of the community, or, if he/she is a young person, for their own welfare” [7].


Rights of the Accused

The Saint Lucia Constitution outlines an accused individuals’ right against unlawful arrests, searches, and seizures [8], against unlawful detention [9], to not be tortured or ill-treated [10], to be informed of charges [11], to the presumption of innocence [12], and the right against self-incrimination [13]. In addition, the Saint Lucia Constitution details an accused individuals’ right to counsel and effective assistance [14], the right to present a defense [15], and to due process [16].

The right to equal protection of the laws is extended to “…race, skin color, sex, religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status, and HIV/AIDS status. The law does not prohibit discrimination regarding gender identity” [17].

The Saint Lucia Constitution guarantees the right to bail [18], the right against Ex Post Facto Prosecution [19], against double jeopardy [20], the right to fair trial [21], to a trial by jury [22], to a speedy trial [23], and the right to have an impartial judge [24]. Additionally, the accused has the right to language interpretation [25], to Habeas Corpus [26], and to appeal [27].

Capital Punishment is legal [28].


  1. [1].
  2. [2].
  3. [3].
  4. [4].
  5. [5].
  6. [6].
  7. [Saint Lucia Criminal Code 592-593].
  8. [Saint Lucia Constitution: Chapter 1: 1.a, 1.c, 6.1, 6.2, 7.1].
  9. [Saint Lucia Constitution: Chapter 1: 1.a, 3.1].
  10. [Saint Lucia Constitution: Chapter 1: 5].
  11. [Saint Lucia Constitution: Chapter 1: 3.2].
  12. [Saint Lucia Constitution: Chapter 1: 8.2.a].
  13. [St. Lucia Constitution: Chapter 1: 8.7].
  14. [St. Lucia Constitution: Chapter 1: 3.2].
  15. [St. Lucia Constitution: Chapter 1: 8.2.d].
  16. [St. Lucia Constitution: Chapter 1: 8.1, 8.2].
  17. [Saint Lucia 2019 Human Rights Report].
  18. [St. Lucia Constitution: Chapter 1: 3.5].
  19. [St. Lucia Constitution: Chapter 1: 8.4].
  20. [St. Lucia Constitution: Chapter 1: 8.5, 8.6 ].
  21. [St. Lucia Constitution: Chapter 1: 8.8].
  22. [St. Lucia Constitution: 8.2.d].
  23. [St. Lucia Constitution: 8.1 (uses the word “reasonable”)].
  24. [St. Lucia Constitution: Chapter 1, 8.8].
  25. [St. Lucia Constitution: Chapter 1: 8.2.b, 8.2.f].
  26. [St. Lucia Constitution: Chapter 1: 3.3].
  27. [Saint Lucia Criminal Procedure Rules: 5.4].
  28. [Saint Lucia Criminal Code: 1110].