Revised Laws of Saint Lucia (2022)

175.   Offences by body corporate

  1.  

    (1)   Where an offence under this Act has been committed by a body corporate, notwithstanding and without prejudice to the liability of that body, any person who at the time of commission of the offence was a director, general manager, secretary or other like officer of that body or was purporting to act in any such capacity is —

    1.  

      (a)     subject to subsection (2), liable to be prosecuted as if he or she has personally committed that offence; and

    1.  

      (b)     if on prosecution it is proved to the satisfaction of the court that he or she consented to, or conspired in, or did not exercise all such reasonable diligence as he or she ought in the circumstances to have exercised to prevent the offence, having regard to the nature of his or her functions in that capacity and to all the circumstances,

liable to the like conviction and punishment as if he or she had personally been guilty of that offence.

  1.  

    (2)   A person shall not be charged under subsection (1) except upon the direction of the Attorney General.