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CHAPTER TWELFTH HABEAS CORPUS AND SUBJICIENDUM IN CIVIL MATTERS

Revised Laws of Saint Lucia (2023)

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CHAPTER TWELFTH
HABEAS CORPUS AND SUBJICIENDUM IN CIVIL MATTERS

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    856.   Any person who is confined or restrained of his or her liberty, otherwise than for some criminal or supposed criminal matter, or any other person on his or her behalf, may apply to the Judge of the Supreme Court, for a writ addressed to the person under whose custody he or she is so confined or restrained, ordering the latter person to being him before the Court or Judge, together with the cause of his or her detention, in order to examine whether such detention is justifiable.

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    857.   The application must be supported by an affidavit showing that there are probable and reasonable grounds for the application.

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    858.   The writ issues in the name of the Sovereign, is sealed with the seal of the Court, and is attested in the same manner as any other writ. It is returnable without delay.

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    859.   The writ is served personally, or at the place where the person is confined or restrained, upon a domestic servant or an agent of the person to whom it is addressed, and the return of service is made upon a certified copy. The Judge may order substituted service.

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    860.   In default of compliance with the writ of habeas corpus, the person upon whom it was served is held to be guilty of a contempt of court, and the Judge may grant a rule under the seal of the Court, returnable before the Court or Judge, for his or her imprisonment.

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    861.   Upon the return of the writ of habeas corpus, or of the rule mentioned in article 860, the Judge proceeds, as soon as he or she conveniently can, to examine, by means of depositions under oath, into the truth of the facts alleged, and decides accordingly.

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    862.   If the Judge before whom the writ is returned is in doubt as to the truth of the facts alleged in the return, he or she may admit to bail the person so confined or restrained, upon his or her entering into recognizance with one or more sureties, or, in the case of infancy or coverture, upon security being given by recognizance in a reasonable sum, for his or her appearance before the Court, on a fixed day during the next term, and from day to day, to abide such order as the Court may make.

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    863.   The writ of habeas corpus is thereupon transmitted to the Court, together with the recognizance and all the papers connected with the application, and the Court thereupon makes such orders as to justice may appertain.

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    864.   The Court or Judge may pronounce upon all costs incurred in the issuing, contestation, or execution of the writ of habeas corpus.

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    865.   Whenever a writ of habeas corpus has been once refused by the Judge, the application for it cannot be renewed unless new facts are alleged; but the application may be renewed before the Court of Appeal for the Winward Islands and Leeward Islands.

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