Revised Laws of Saint Lucia (2022)

14.   Temporary surrender warrants

1.  

   (1)   Where the Magistrate refers a matter to the Attorney General under section 10(3), the Attorney General may issue a temporary surrender warrant instead of a surrender warrant where—

   1.  

      (a)     the person is serving a custodial sentence in Saint Lucia;

   1.  

      (b)     surrender is sought for an offence for which the person is charged but of which the person has not been convicted;

   1.  

      (c)     the Attorney General is satisfied that the requesting country has given adequate undertaking that -

      1.  

         (i)     the person will be given a speedy trial in the requesting country,

      1.  

         (ii)     the person will be returned to Saint Lucia after the trial and sentence; and

   1.  

      (d)     the Attorney General is satisfied that adequate provision has been made for the travel of the person to the requesting country and for his or her return to Saint Lucia.

1.  

   (2)   A temporary surrender warrant issued pursuant to subsection (1) shall—

   1.  

      (a)     be in writing;

   1.  

      (b)     require any person who has custody of the person to hand the person over to a police officer;

   1.  

      (c)     authorize a police officer to —

      1.  

         (i)     transport the person from a place where the police officer takes custody of the person to another place within Saint Lucia for the purpose of handing the person over to the custody of an escorting officer assigned by the requesting country, and

      1.  

         (ii)     hold the person in custody for so long as is necessary to enable the person to be handed over to the assigned officer; and

   1.  

      (d)     authorize the assigned escorting officer to transport the person out of Saint Lucia.

1.  

   (3)   A Magistrate shall issue a surrender warrant for the surrender of the person to the requesting country if a person who was the subject of a temporary surrender warrant has—

   1.  

      (a)     been returned to Saint Lucia after trial and sentence in the requesting country; and

   1.  

      (b)     completed his or her sentence in Saint Lucia.