Saint Lucia

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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].


Right of Counsel

Counsel has the right to provide representation [29], to access to their client [30], to information [31], and to confidential communication with their client [32].


Means of Protecting or Enforcing Rights

Hearsay Rule

Hearsay rule does not prevent admitting evidence from a telecommunication carrier or evidence of reputation that 1) “a man and woman cohabitating at a particular time were married to each other at that time, 2) as to family history or a family relationship, or 3) the existence, nature, or extent of a public or general right” [33]. Additionally, “hearsay rule does not prevent the admission or use of evidence adduced in interlocutory proceedings if the party who adduces it also adduces evidence of its source” [34]. In contrast, “admissions influenced by violent, oppressive, inhuman or degrading conduct is not admissible”[35].

Exclusion of Hearsay Evidence

The Evidence Code dictates exclusion of hearsay evidence with the following exceptions: 1. “…if the person who made a previous representation isn’t available to give evidence about an asserted fact”; and 2. “…if the person who made a previous representation is available to give evidence about an asserted fact, the hearsay rule doesn’t apply in relation to evidence of the previous representation that is given by that person or a person who saw, heard or otherwise perceived the representation being made.” [36].

Expert Reports

Expert reports are considered admissible evidence regardless of whether of whether the expert intends to testify during criminal proceedings [37].



References

  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].
  29. [Saint Lucia Constitution: Chapter 1: 8.2.d, 8.2.e (specific to witnesses)].
  30. [Saint Lucia Constitution: Chapter 1: 8.2.c, 8.2.e (specific to witnesses)].
  31. [Saint Lucia Constitution: Chapter 1: 8.2.e (specific to witnesses)].
  32. [Saint Lucia Evidence Code: see 106: Privilege in respect of confidential communications and documents].
  33. [7].
  34. [ https://www.eccourts.org/civil-procedure-rules/].
  35. [8].
  36. [9].
  37. [10].