Revised Laws of Saint Lucia (2021)

49.   Withdrawal of privilege against incrimination of self or spouse in infringement and related proceedings

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    (1)   In this section—

related offence”, in relation to any proceedings to which subsection (2) applies means—

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    (a)     in the case of proceedings within subsection (3)(a) or (3)(b)—

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      (i)     any offence committed by or in the course of the infringement to which those proceedings relate, or

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      (ii)     any offence not within subparagraph (i) committed in connection with that infringement, being an offence involving fraud or dishonesty;

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    (b)     in the case of proceedings within subsection (3)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

related penalty”, in relation to any proceedings to which subsection (2) applies, means—

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    (a)     in the case of proceedings within subsection (3)(a) or (3)(b), any penalty incurred in respect of anything done or omitted in connection with the infringement to which those proceedings relate;

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    (b)     in the case of proceedings within subsection (3)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.

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    (2)   In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence or for the recovery of a related penalty—

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      (a)     from answering any question put to that person in the first mentioned proceedings; or

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      (b)     from complying with any order made in those proceedings.

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    (3)   Subsection (2) applies to the following civil proceedings in the High Court, namely—

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      (a)     proceedings for infringement of copyright;

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      (b)     proceedings brought to obtain disclosure of information relating to any infringement of such rights; and

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      (c)     proceedings brought to prevent any apprehended infringement of such rights.

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    (4)   Subject to subsection (5), in proceedings for any related offence or for the recovery of any related penalty, a statement or admission made by a person—

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      (a)     in answering a question put to him or her in any proceeding to which subsection (2) applies; or

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      (b)     in complying with an order made in any such proceedings,

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    is not admissible in evidence against that person or (unless they married after the making of the statement or admission) against the spouse of that person.

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    (5)   Subsection (4) shall not render any statement or admission made by a person as therein mentioned inadmissible in evidence against that person in proceedings for injury or contempt of court.

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    (6)   Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.