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].


Pre-Trial Procedures

Before a warrant can be issued, a complaint must be made under oath by a complainant or witness on his/her behalf. Additionally, a police officer can file a signed complaint in writing. If there is more than one defendant, separate complaints must be filed. After a complaint is filed, within 45 days, will a summons or arrest warrant, either electronic or in written form, be issued by the Court to the police and to the Director of Public Prosecutions [38]. “A copy of the summons may be served by a sheriff, bailiff, process server or police officer upon the person to whom it is directed, by either delivering it to him or her personally or by leaving it for him or her at his or her last or most usual place of abode where it is not convenient or possible to deliver it to him or her personally.” [39].


Arrest, Search and Seizure Laws

Arrests

A police officer may use reasonable force to arrest anyone who he/she believes is about to commit a crime, who is currently engaged in committing a crime, or has reasonable cause to suspect that they have already committed a crime. A warrant is not necessary for an arrest to occur [40]. “If arrested, with or without warrant, the person has to be brought before the court no later than 72 hours after his/her arrest.” [41]. “If a person is released on bail and is under a duty to surrender at the time/place appointed for him/her to do so, the court may issue a warrant for his/her arrest.” [42].

Pre-trial Detention

“Application for bail must be in writing and should describe the reasons the court shouldn’t withhold bail and any additional arguments to support the request, suggest conditions for bail and request (and provide reasons) for an earlier trial.” [43]. If bail is opposed, the request also needs to be “in writing along with reasons, new information that supports the request, and any new proposals to consider.” [44].

“If the prosecutor makes the application, they must notify the office of the Criminal Division and the defendant within 24-hours of service of the application, within 72-hours file and serve on the defendant and also provide notice that the Court has power to withdraw bail and if the defendant doesn’t attend court, they can order he/she be arrested.” [45].

“If the defendant makes the application for bail, if he/she is in custody but not represented by an attorney, must file the application with the Director of Correctional Services but if he/she is in custody and is represented by an attorney, must file the application at the office of the Criminal Division.” [46].

“An accused person who is not admitted to bail shall be committed for safe custody to the correctional facility. If they are remanded for more than 3 days, it will be by warrant. If it’s not for more than 3 days, the magistrate can if they want give a verbal order to continue to keep them in custody or to take them to the correctional facility and bring them before the magistrate at the appointed time. No person may be remanded for a continuous period exceeding 60 days without his/her matter being brought to trial.” [47].

If bail is granted, terms are set at the time the arrest warrant is issued [48].


Searches

Search warrants can be issued and executed on any day and at any time, including holidays [49]. If a warrant has been issued, a police officer “…may for purposes of executing it, either with/without assistance from anyone, can break open and enter any house, building, or enclosed place…” [50], including a vessel [51]. “A person who executes a warrant may seize, in addition to the things mentioned in the warrant, anything that the person believes on reasonable grounds has been obtained by the commission of an offense, has been used in the commission of an offense, or will afford evidence in respect of an offense.” [52].

Court Procedures

Pre-Trial

Prior to the initial hearing, an orientation session is held for multiple purposes including, but not limited to, verification of information and ensuring consistent information is shared with both parties [53]. “At or prior to [the] initial hearing, the defense shall fill with Court a Notice of Acting in Form 3… .”[54].

Initial Court Appearance

During the initial court appearance, the following matters are addressed: verification of the defendant’s identity and the Notice of Acting, the charges are read to the defendant, the defendant’s rights, the plea process, and the taking of the plea is explained, bail is considered, and future court dates are set. If the action is indictable, a plea will not be accepted [55].

Scheduling Order

The Scheduling Order, determined by the magistrate, will set the date for the sufficiency hearing, during which the defendant must either retain an attorney or have one provided by the state. The attorney is responsible for filing the Notice of Acting. The Scheduling Order must also contain dates by which disclosures must be made by the prosecution and defense, including alibis or special defenses, and the date for the omnibus conference [56]. “The Scheduling Order shall be served on the defendant, the defendant’s attorney, the Director of Public Prosecution, and if the attorney is appointed, a copy should go to the Attorney General.”[57].

Omnibus Conference

The defense attorney, the prosecuting attorney, and the magistrate will attend the omnibus conference. The magistrate will facilitate the meeting. The focus of the omnibus conference is to set important dates, ensure information relevant to the case and associated trial is shared, that any possible points of confusion are clarified [58].

Hearing

If the case involves an indictable crime and if the defendant was not given bail, the initial hearing date will occur within 96 hours of the arrest [59]. A sufficiency hearing will be held in open court within 60 days of the initial hearing. Attendees must include the defendant, the defense attorney, the prosecuting attorney, and law enforcement [60]. At least one week before the sufficiency hearing, the prosecution must provide the defense with all relevant evidence. At the sufficiency hearing, the prosecution must prove they have sufficient evidence for criminal prosecution [61]. Witness statements may, if approved by the judge, be submitted in writing [62]. Cross-examination of witnesses may also occur, if approved by the judge [63]. “If the Court finds the prosecution has met its burden, it shall commit the defendant to stand trial. If the Court finds the prosecution has not met its burden, the defendant will be discharged [64]. “If the Court commits a defendant to stand trial, the Director of Public Prosecutions may prefer or decline an indictment.” [65]. If the decision is made to indict, it must be done within a reasonable time or the judge can choose to dismiss the complaint. “Indictments shall be filed in the Registry of the High Court at least five days before the first day of the sitting of the court.” [66]. “A copy of the indictment and list of witnesses intended to be called by the prosecution shall be served to the accused at least five days before the first day of the trial.” [67].

Arraignment

If indicted, the defendant is arraigned and a Scheduling Order is issued [68]. During the arraignment the defendant if informed of his/her rights and he/she may choose to enter a plea [69]. If the defendant choose to enter a plea of guilty, the judge will question the defendant or have the defense counsel question to the defendant to assure him/herself that the defendant did in fact commit the offense, they are voluntarily making the plea and that they understand the consequences of entering a guilty plea. The judge can refuse to accept it. If the judge rejects it, the defendant’s admission can’t be used as evidence against them during trial [70]. If the defendant pleads not guilty, “the Court may schedule a case management conference to develop a plan for the case… ”[71].

Case Management Conference

“At the case management conference, the judge shall issue a scheduling order with: date by which the Director of Public Prosecutions must disclose to the defendant any prosecution material not already disclosed, date by which the defendant must give defense statements required by the law, the date for the filing of any pre-trial motions, the date for any subsequent case management conferences that may be required, the date for the omnibus conference, and the projected trial date.” [72]. During the case management conference, the “court may order a witness to give testimony under oath and be subjected to cross examination prior to the trial and that the sworn testimony can be used as evidence at the trial if the court determines the evidence is material and there is a high probability that the witness will not be available to the court on the date of the trial.” [73].

Evidence

Within 14 days of the indictment, the prosecution must disclose to the defense exculpatory evidence. If materials are not made available by the prosecution, the defense can request permission from the court to view and copy them [74]. In comparison, the defense must also provide the prosecution with material evidence [75]. In addition, “[w]here the defendant intends to plead an alibi, he or she shall give notice of such defense to the Court and to the prosecutor by the date fixed in the Scheduling Order and shall make available to the prosecutor, on the date set by the Court, information as to the particulars of time and place and of the witnesses by whom he or she proposes to improve the alibi.” [76].

Preliminary Inquiry Location

The location of the preliminary inquiry is dependent upon the alleged crime [77] :

                  Alleged crime                                                      Preliminary Inquiry Location
     Kidnapping, Child-stealing, or Abduction	                            Managerial district where crime occurred or any district                          
                                                                                     in which the crime was present
  
      Counselling, Procuring, Aiding/Abetting                                   Any managerial district where the crime occurred
           the Commission of an Offense
     Offense committed with the boundary/boundaries                              Held within any of the districts within two miles
     of two or more districts or within two miles of                               or within which the alleged crime occurred
              a district boundary	                    


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].
  38. [Saint Lucia Criminal Procedures Rules: 3.16, 3.17, 4.1, 4.2, 4.3].
  39. [Saint Lucia Criminal Procedure Rules: 4.5(3)].
  40. [Saint Lucia Criminal Code: 570, 572].
  41. [Saint Lucia Criminal Code: 584].
  42. [Saint Lucia Criminal Code: 607].
  43. [Saint Lucia Criminal Procedure Rules: 5.3(1)].
  44. [Saint Lucia Criminal Procedure Rules: 5.3(3)].
  45. [Saint Lucia Criminal Procedure Rules: 5.3(4)].
  46. [Saint Lucia Criminal Procedure Rules: 5.3(5)].
  47. [Saint Lucia Criminal Code: 611].
  48. [Saint Lucia Criminal Procedure Rules: 5.3(1)].
  49. [Saint Lucia Criminal Code: 625].
  50. [Saint Lucia Criminal Code: 581].
  51. [Saint Lucia Criminal Code: 638].
  52. [Saint Lucia Criminal Code: 623].
  53. [Saint Lucia Criminal Procedure Rules: 6.2].
  54. [Saint Lucia Criminal Procedure Rules: 6.4].
  55. [Saint Lucia Criminal Procedure Rules: 6.7].
  56. [Saint Lucia Criminal Procedure Rules: 6.8].
  57. [Saint Lucia Criminal Procedure Rules: 6.8].
  58. [Saint Lucia Criminal Procedure Rules: 8.3].
  59. [Saint Lucia Criminal Procedure Rules: 10.1].
  60. [Saint Lucia Criminal Procedure Rules: 10.3].
  61. [Saint Lucia Criminal Procedure Rules: 10.3].
  62. [Saint Lucia Criminal Procedure Rules: 10.4].
  63. [Saint Lucia Criminal Procedure Rules: 10.4].
  64. [Saint Lucia Criminal Procedure Rules: 10.3].
  65. [Saint Lucia Criminal Procedure Rules: 10.5].
  66. [Saint Lucia Criminal Code: 844].
  67. [Saint Lucia Criminal Code: 845].
  68. [Saint Lucia Criminal Procedures Rules: 11.1].
  69. [Saint Lucia Criminal Procedures Rules: 11.2, 11.3].
  70. [Saint Lucia Criminal Procedure Rules: 11.3].
  71. [Saint Lucia Criminal Procedure Rules: 11.5].
  72. [Saint Lucia Criminal Procedure Rules: 12.1].
  73. [Saint Lucia Criminal Procedures Rules: 12.1(2)].
  74. [Saint Lucia Criminal Procedures Rules: 12.2].
  75. [Saint Lucia Criminal Procedures Rules: 12.3].
  76. [Saint Lucia Criminal Procedure Rules: 12.3(2)].
  77. [Saint Lucia Criminal Code: 781].