Revised Laws of Saint Lucia (2022)

3.   Use of photograph as evidence

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   (1)   Subject to subsections (2) to (7), a photograph of a scene or of anything seized by the police for the purposes of a criminal investigation shall be admitted for use as evidence in a criminal trial.

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   (2)   Subject to subsection (8), a photograph of goods or moveable property shall not be admitted in evidence unless—

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      (a)     the photograph was taken before a senior police officer in the presence of the accused or the accused's attorney-at-law or agent; or

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      (b)     a copy of the photograph is signed by the accused or the accused's attorney-at-law or agent in the presence of a senior police officer acknowledging that the photograph is a true likeness of the thing photographed.

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   (3)   A copy of any photograph that is taken under subsection (2) shall be served on the accused or the accused's attorney-at-law or agent personally or by registered post within 21 days of its being taken and the person executing the service shall make an endorsement of service on the copy of the photograph kept by the police.

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   (4)   The accused or the accused's attorney-at-law or agent may, not later than 21 days after the receipt of the copy of the photograph, object by notice in writing addressed to the Commissioner of Police to the photograph being used as evidence and the notice of objection shall state the reasons for the objection.

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   (5)   Where a photograph is offered as evidence in a criminal trial, and no notice of objection has been issued, the production of negatives shall not be required.

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   (6)   Where goods or moveable property have been seized by the police for the purposes of a criminal investigation, and no objection has been made under subsection (4), the goods or moveable property shall not be retained for use as evidence once photographs have been taken and the Commissioner of Police shall cause the goods and moveable property to be returned to the owner.

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   (7)   Where it appears that the goods or property referred to in subsection (6) are owned by a person other than the accused, and an objection has been made under subsection (4), the Commissioner of Police shall return the goods to the owner provided that the owner signs the undertaking set out in Schedule 1.

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   (8)   Where a photograph was taken in the absence of the accused, the accused's attorney-at-law or agent or a copy of the photograph was not signed by the accused, his or her attorney-at-law or his or her agent, the person who took the photograph and the senior police officer shall make a statement certifying that the photograph was taken in the absence of the accused, his or her attorney-at-law or his or her agent, or that a copy of the photograph was not signed by the accused, the accused's attorney-at-law or agent and the reason for its not being signed.