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Revised Laws of Saint Lucia (2023)

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PART 5
PRELIMINARY INQUIRIES AND COMMITTAL PROCEEDINGS

SUB-PART AA
Procedure

PART 5 PRELIMINARY INQUIRIES AND COMMITTAL PROCEEDINGS

PART 1 PRELIMINARY

2. Commencement

3. Application of Code

4. General construction of Code

5. Common law procedure to apply where necessary

6. Interpretation

PART 2 JUSTIFICATIONS AND EXCUSES

7. Claim of right

8. Consent by deceit or duress void

9. Consent void by incapacity

10. Consent by mistake of fact

11. Consent by exercise of undue authority

12. Consent by person in authority not given in good faith

13. Exercise of authority

14. Explanation of authority

15. Invalid consent not prejudicial

16. Extent of justification

17. Consent to fight cannot justify harm

18. Consent to killing unjustifiable

19. Consent to harm or wound

20. Medical or surgical treatment must be proper

21. Medical or surgical or other force to minors or others in custody

22. Use of force, where person unable to consent

23. Revocation annuls consent

24. Ignorance or mistake of fact

25. Ignorance of law no excuse

26. (Repealed by the Child Justice Act)

27. Presumption of mental disorder

28. Intoxication, when an excuse

29. Aider may justify same force as person aided

30. Arrest with or without process for crime

31. Arrest, etc., other than for indictable offence

32. Bona fide assistant and correctional officer

33. Bona fide execution of defective warrant or process

34. Reasonable use of force in self-defence

35. Defence of property, possession of right

36. Force to repel trespasser

37. Force to remove trespasser

38. Force for recovery of possession of goods

39. Defence of right

40. Unlawful fight not justifiable

41. Force against interferer

42. Force in execution of a sentence

43. Force to preserve order

44. Preservation of order on vessel

45. Force within statutory authority justifiable

46. Force against riotous or unlawful assembly

48. Duress of circumstance

49. Duress by threat

51. Proof of defence of automatism, duress or necessity

PART 3 LIABILITY AND MENS REA

52. Causing event by involuntary agent

53. Several persons causing event

54. Event caused by intervening circumstances

55. Liability for attempts and negligence or recklessness

57. Transferred Intention

58. Definition of negligence

59. Negligence where act likely to cause unjustifiable event

60. Recklessness

61. Definition of threat

PART 4 PARTICIPATION AND INCHOATE OFFENCES

62. Aiding and abetting a crime

63. Aiding and abetting crime within, from outside jurisdiction

64. Aiding and abetting crime committed

65. Punishment where crime aided and abetted is not committed

66. Punishment where different crime is committed

67. Aiding and abetting riot, etc.

68. Trial of accomplices

69. Trial of more than one accomplice

70. Exemption, etc. available for any accomplice irrespective of others

71. Punishment for aiding and abetting

72. Punishment for non-prevention of crime

73. Conspiracy to commit crime

74. Conspiracy to aid and abet a crime

75. Person within jurisdiction agreeing with person outside jurisdiction to commit or abet crime

76. Punishment of conspiracy

77. Attempt to commit crime

78. Punishment for attempt to commit crime

79. Application of exemption, justification etc., provisions to attempt

80. Preparation for commission of crime

80A. Participation in an organized criminal group

PART 1 OFFENCES AGAINST THE PERSON

81. Part 3 of Chapter 1 to apply to causing death

82. Causing death of a child

83. Unlawful command to kill. Special provision as to aiding and abetting

84. Death outside from harm within jurisdiction of Courts

86. Capital murder

87. Non-capital murder

88. Attempt to murder

89. Attempted murder by inmate

90. Diminished responsibility

91. Provocation

92. Death caused by gross negligence or recklessness

93. Penalty for manslaughter

94. Aiding and abetting of suicide, attempt to commit suicide

95. Suicide pact

96. Administering noxious substance

97. Reckless harm

98. Grievous harm

99. Maim or dangerous harm

101. Using corrosives, explosives, weapons, or dangerous means

102. Harm with aggravation

103. Harm with violence

104. Hindering escape from wreck, or protection from harm

105. Harm by omission explained

106. Duty to prevent harm

107. Duty to supply necessaries of health and life

108. Duty constituted by office, undertaking or conduct

109. Provisions as to causing event to apply

110. Punishment of careless surgical or medical treatment

111. Negligent harm

112. Negligent grievous harm

113. Negligent harm or negligence endangering life

114. Threat of death

115. Offence of assault

115A. HOSTAGE-TAKING

115B. Migrant Smuggling

116. Aggravated assault on male under 12 years or female

117. Acts not constituting assaults

119. Report of suspected cases of abuse

120. Kidnapping

121. False imprisonment

122. Interpretation

124. Unlawful sexual connection

125. Inducing sexual intercourse or sexual connection by force, duress, etc.

126. Sexual intercourse with a person under 12 years

127. Sexual intercourse with a person between 12 years and 16 years

128. Sexual intercourse with an adopted minor, etc.

129. Sexual intercourse with a minor employee

130. Indecent assault

131. Indecent act

132. Gross Indecency

134. Bestiality

135. Unlawful detention of a person with intent to have sexual intercourse

136. Hearings in camera

137. Court may forbid publication of report

138. Anonymity of complainant and accused

139. Soliciting sexual favours in the workplace

140. Transmission of HIV

141. Procuring or aiding and abetting

142. Procuring defilement or abetment of defilement by guardian or parent

143. Keeping brothel

144. Power of lessor to require assignment of lease on conviction of lessee or occupier

145. Liability of landlord on failure to determine lease after notice

146. Liability of landlord leasing again to same person after determination of former lease

147. Trading in prostitution

148. Spouse competent witness

149. Trading in prostitution by female

150. Soliciting prostitution

151. Living on earnings of prostitution

152. Preventing or delaying police entry into suspected brothel, or gaming-house

153. Conspiracy to defile by false pretence or means

154. Defilement of male or female suffering from mental disorder

155. Defilement of inmate of asylum

156. Permitting or aiding and abetting defilement of male or female

158. Attempt to commit incest

159. Divesting guardian of authority over minor

161. Special provisions

162. Abduction of unmarried male or female under 16 years

163. Abduction of male or female of any age with intent to marry or defile

164. Medical or surgical treatment

165. Explanation as to termination of pregnancy

166. Termination of pregnancy in certain cases

167. Explanation as to causing harm to child at birth

168. Penalty for causing harm to child at birth

169. Abandoning child under 5 years at hospital, etc.

170. Exposing child under 7 years to grievous harm

171. “Child stealing” defined and explained

172. Stealing child under 12 years

173. Pretending, child legitimate, or substituting one child for another

174. Concealment of body of child

175. Concealment of birth, existence, or death of child

176. Compulsory marriage of person

177. Proof of former marriage

178. Definition of bigamy

179. Plea of divorce

180. Penalty for bigamy

181. Causing marriage by force or duress

182. False declarations or statements for purposes of marriage

183. False impediment to marriage

184. False solemnization of marriage

185. Feigned marriage

186. Marriage by unmarried person with other person known to be married

187. Personating or marrying under false name or description

PART 2 OFFENCES AGAINST PROPERTY

188. Basic definition of theft

189. Dishonest appropriation

190. Meaning of appropriation

191. Property capable of being stolen

192. Belonging to another

193. With the intention of permanently depriving the other of it

194. Penalty for theft

195. Common stealing

196. Stealing from dwelling, place of business or worship

197. Stealing by employee

198. Stealing from person

199. Stealing telegraph or telephone parts

200. Stealing from vessels

201. Liability of part owner for breach of trust or stealing

202. Proof to rebut proof of lawful appropriation

203. “Fraudulent breach of trust” defined

204. Person undertaking to hold his or her own property as trustee

205. Fraudulent breach of trust

208. Aggravated burglary

209. Removal of articles from places open to the public

210. Abstracting of electricity

211. Obtaining property by deception

212. Obtaining pecuniary advantage by deception

213. Obtaining services by deception

214. Evasion of liability by deception

215. Making off without payment

216. Issuing cheque or negotiable instrument with intent to defraud

217. Fraud by pawner of property

218. Fraud by person evading intended execution against his or her property

219. False accounting

220. Liability of company officers for certain offences by company

221. False statements by company directors, etc.

222. Suppression, etc., of documents

224. Handling stolen goods

225. Advertising rewards for return of goods stolen or lost

226. Scope of offences relating to stolen goods

227. Going equipped for stealing, etc.

228. Search for stolen goods

229. Orders for restitution

230. Husband and wife

231. Interpretation

232. Definition

233. Counterfeiting of stamp, note, etc. defined

234. Falsification of note, noteage, etc.. defined

235. Forgery of documents defined

236. Possessing or doing act as to note or stamp not genuine defined

237. Possessing or doing act as to document not genuine defined

238. Completeness of imitation unnecessary

239. Falsification effected within or beyond jurisdiction immaterial

240. Testing suspected tendered note

241. False claims generally

242. Common noteing

243. Falsifying note

244. Damaging or destroying note

245. Possessing false note

246. Purchasing or possessing forged bank note

247. Imitation of currency notes

248. Uttering or using false note

249. Forgery of hall-mark or the like

250. Common forgery

251. Forgery, concealment, etc., of accounts

252. Concealing or falsifying affairs of company or trust

253. Concealing, falsifying, etc. certain documents

254. Concealing title on mortgage or sale of land

255. Punishment for forgery by claiming on forged document

256. Punishment for forgery of document by coercion

257. Forgery of document

258. Punishment for forgery of document made or used in name of or for another without authority

259. Forgery of certain documents

260. Forgery of official or judicial document

261. Forgery of stamp

262. Forgery of other documents

263. Uttering or using false document

264. Possessing false document

265. Fraud as to boundary mark

266. Fraud as to insurance

267. Computer fraud

268. Definition

269. Non-disclosure of property

270. Concealment of property

271. Concealment of books and papers; falsification

272. False statements

273. Fraudulent disposal of property

274. Absconding

275. Fraudulent dealing with property obtained on credit

276. Obtaining credit falsely

277. False claims or proofs in bankruptcy

278. Obtaining credit; engaging in business

279. Failure to keep proper accounts of business

281. Defence of innocent intention

283. Criminal liability of debtor despite composition or discharge

284. Extortion by accusation of infamous offence

285. Extortion or attempted extortion by threats

286. Definitions

287. Arson by fire of building, mine or adjacent thing or of thing near a vessel

288. Arson by fire of dwelling or vessel

289. Arson by fire of crop, forest or plantation

290. Arson by explosion to building, machine, road or other property; and possession of explosives

291. Arson by fire not otherwise expressly provided for

292. Explanation of unlawful damage and amount of damage

293. Destroying bankers' books

294. Damage to building, bridge, mine, vessel or other work on land, in water or machinery or tools

295. Damage to document

296. Damage to lighthouse or other safety signal

297. Damage to thing manufactured

298. Compensation for damage to property

PART 3 OFFENCES AGAINST PUBLIC ORDER

299. Abetting assault on superior officer, or desertion, by soldier or sailor

300. Abetting insubordination by soldier or sailor

301. Abetting mutiny by soldier or sailor

302. Intentionally aiding escape of inmate of war

303. Evading military or naval service

304. Definitions

305. Seditious libel or party to seditious assembly

306. Penalty for piracy

308. Concealment of treason

309. Prosecution for treason

310. Definition of overt act

311. Causing disaffection in Police Force

312. Unauthorised use of police uniforms

314. Defamatory matter defined

315. Publication of defamatory matter

316. Defamatory publication unlawful unless privileged

317. Absolute privilege good defence

318. Conditional privilege on publication in good faith

319. Absence of good faith

320. Circumstances showing good faith

321 Newspaper proprietor presumed responsible

322. Newspaper proprietor's general authority to manage, when negligence

323. Protection of innocent seller of newspaper

324. Protection of the innocent seller of book or periodical

325. Sale by employee

326. Plea of justification of libel

327. Penalty for intentional libel

328. Penalty for negligent libel

329. Defaming or insulting the Crown

330. Sale of pornographic material

331. Public benefit good defence

332. Public election

333. Intimidation

334. Irregularity no defence

335. Corruption, intimidation, personation as to election

336. False declaration or the like for voting at election

337. Falsifying, damaging or destroying voting paper or thing used at election

338. False count or return of votes as to election

339. Preventing or disturbing election by force, threats, crime

340. Voting or offering to vote unlawfully

341. Definition of rioting

342. Order for rioters to disperse

343. Dispersing rioters after order made

344. Assaulting person suppressing or dispersing riot

345. Assembling to commit riot

346. Preventing making of order

347. Provoking riot

348. Taking part in riot

349. Commission of other offence in course of rioting

350. Rioting after order

351. Rioting with weapons

352. Carrying arms unlawfully to cause terror

354. Violent disorder

355. Fear of provocation of violence

356. Harassment, alarm or distress

357. Definitions

358. Advocating genocide

359. Public incitement of hatred

360. Warrant of seizure

361. Forfeiture and surrender

362. Bombs, hoaxes, sending messages or articles to alarm or injure other persons

363. Obstructing, etc, lawful assembly with violence

364. Forcible occupation or possession of building or land

365. Forcible entry into building or land

366. Correctional officer torturing etc. inmate

367. Introducing prohibited thing into correctional facility

368. Disturbing market or exchange by publication of false news or telegrams

PART 4 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

369. Unlawful oath

370. Definition of compounding crime

371. Compounding crime

372. Compounding indictable offence on summary offence

373. Compounding any offence involving child

374. Causing person to refrain from giving evidence at criminal trial

375. Causing witness to disobey summons or not to produce evidence

376. Perverting the course of justice

377. Violence to intimidate judicial officers, etc.

378. Delaying or preventing inquest by burial, or other disposal of body

379. Failure by coroner or others liable, to take steps to hold inquest

380. Contempt of Court

381. Falsifying, destroying, etc. register of record

382. Destroying, damaging, etc. will or land title

383. Removing, damaging, etc. document

384. Fabricating false evidence

385. Fabricating false evidence punishable like perjury

386. Bringing fictitious action

387. Acknowledging or consenting to judgment, deed or recognizance on another's name without consent

388. Deceiving Court or judicial officer by impersonation, false document, seal or signature

389. False interpretation

390. Interpreter liable for perjury

391. Making false sentence under oath

392. Aiding and abetting perjury

393. Perjury on capital crime

394. Perjury on trial for crime not capital

395. Perjury to defraud by personation

396. Escaping, or permitting rescue or rescuing

397. Rescue for cause not crime. Rescuing thing in legal custody

398. Preventing execution of death sentence

399. Refusing or neglecting to aid in arrest or to prevent crime rescue or escape

400. Resisting lawful arrest for crime

401. Resisting or preventing arrest for cause not crime

402. Harbouring or aiding criminal

403. Definitions and special provisions

404. Breach of trust by public officer

405. Failure or refusal to deliver money or other property

406. Failure by public officer to pay or account for or produce money or property

407. False attestation or certificate by public officer

408. Falsifying, etc., document by public officer

409. Furnishing false statement or return of money or property

410. Corruption of or by voter, or juror

411. Presumption of corruption of or by juror or voter

412. Accepting agreement or offering to accept bribe as to juror or voter

413. Corrupting or attempt to corrupt juror or voter

414. Corrupt agreement or offer by judicial officer or juror

415. Corrupt selecting of juror

416. Corruption by juror or voter

417. Extortion by public officials or jurors

418. Penalty for extortion by public officer or juror

419. Violence to deter official or for recourse to public officer

420. Violence or deceit to hinder or obstruct public officer

421. Oppression by public officer or juror

422. Pretending to be public officer or juror

423. Refusal to serve in public office, if no punishment otherwise

424. Selling or trafficking in offices

425. False statements or oaths for obtaining or acting in office

PART 5 SUMMARY OFFENCES

426. Assault on summary convictions

427. Assault by disguised person

428. Carrying cutlass, sword or machete otherwise than in a sheath

429. False claims generally

430. Punishment for false claims

431. Other false claims

432. Mutilating currency note

433. Possession of 5 or more false foreign notes

434. Unlawful possession of cattle or part thereof

435. Unlawful possession of fence, etc.

436. Unlawful possession of plant or plant product

437. Person taking possession of lost thing to deliver it to owner or to lawful authority

438. Unlawful possession of property of persons in vessels in distress or wrecked

439. Offering or exposing for sale property from vessels wrecked or in distress

440. Unlawful possession of property stolen elsewhere

441. Unlawful possession of property suspected to have been stolen

442. Stealing animal not cattle

443. Stealing cattle or part thereof

444. Meaning of threat

445. Demand with threats intending to steal

446. Demand with threat of making complaint for summary offence

447. Stealing thing not exceeding $500 in value

448. Bonfire or fireworks in public place

449. Burning land

450. Burning land within 2 miles of town or settlement without notice or permission

451. Entering plantation with light, without consent, to hunt or for other purposes

452. Fires in city, town or vicinity

453. Interfering with public lamp

454. Giving, selling, or offering for sale poisonous grain or seed except for agriculture

455. Detention of animal or vehicle. Veterinary treatment

456. Damage to fence, post, rail, wire, gate or the like

457. Damage to cultivated plant in garden, building or elsewhere

458. Damage to tree in park, garden or elsewhere

459. Damage to plant product

460. Damage to public way, water or work

461. Damage to statue, monument or work of art

462. Damage to telecommunication

463. Damage to toll-bar

464. Damage of no pecuniary value

465. Damage to land, animal or thing, not specially provided for

466. Conviction for trespass on charge of stealing or other dishonest appropriation

467. Detention of goods or documents to property not over $500 value

468. Detention or disposal of goods by employees

469. Taking or attempting to take cattle to ride, drive or otherwise use without consent

470. Taking on person or load by driver or conductor of vehicle without consent

471. Using or interfering with animal, boat, vehicle, etc. without authority

472. Posting bills, defacing buildings without consent, etc,

473. Soliciting alms in premises

474. Throwing things from premises into other premises

475. Trespassing and squatting

476. Annoying insulting or threatening entry

477. Summons to squatter

478. Trespassing on plantation

479. Right of way along customary path to village or settlement unaffected

480. Notice to abate nuisance due to animal, plant or thing

481. Proceedings and order and penalty

482. Nuisance from noxious or offensive business or matter

483. Throwing stone or other missile

484. Fouling public water

485. Non-construction, maintenance or obstruction, of public way

486. Animal treating, cleaning, feeding, etc., car washing and repairing in public places

487. Prohibition of articles and advertisements on and defacement of certain structures, etc.

488. Materials, not enclosed building materials or rubbish, in public place

489. Offensive, annoying or injurious deposit in town

490. Offensive matter running into street or public place

491. Rubbish or other offensive matter put in public place

492. Shade or other projection on footway

493. Things for sale projecting into or over footway in city or town

494. Occupier to clean footway and watercourse adjoining his or her premises in city or town or vicinity

495. Nuisance to public work

496. Selling, preparing or offering for sale unwholesome food or drink

497. Burial liability. Failure to bury corpse

498. Hindering burial of corpse

499. Mock burial

500. Disinterring, dissecting or tampering with corpse

501. Indecent gesture, act or nuisance

502. Naked or indecently clothed in public

503. Indecent exposure in public

504. Indecent books, pictures, shows, etc., in public

505. Obscene or profane writing on walls or the like open to public view

506. Sending or delivering obscene writing or print

507. Singing obscenely or profanely in public place

508. Swearing or using abusive or indecent language in public place

509. Molesting magistrate or justice or person employed by such

510. Complainant compounding, delaying or withdrawing summary charge without leave

511. Wasting of Police time

512. Accosting or following persons

513. Arrest of mentally disturbed persons

514. Following etc., vehicle without due consent

515. False advertisement of birth, marriage, divorce or death

516. False signature to petition, prospectus, testimonial

517. Disturbing peace by fighting

518. Fighting in public place

519. Loitering or the like in or about shop and not leaving quietly on request

520. Habitual loiterer

521. Mask wearing in public

522. Drunk and disorderly in public

523. Arrest of drunken person in public place, etc.

524. Habitual drunkenness

525. Permitting drunkenness, etc., or bad characters in place of public resort

526. Drunk or disorderly in liquor shop or place of public resort and not leaving on request

527. Definition of “drunk”

528. Disorder or causing obstruction or annoyance in public place

529. Disorder in public view or hearing

530. Door knocking, bell pulling, or the like

531. Unseemly noise in public

532. Insult in public likely to provoke assault

533. Insulting gesture

534. Insulting, abusive, or profane language

535. Loud annoying language in public

536. Personalities, jeering, mocking

537. Calling a person names

538. Interference with assembly

539. Unlawful entry into a band

540. Offences relating to designated sporting events

541. Carrying arms unlawfully to cause terror

542. Intent to cause terror whereby harm or likelihood thereof caused

543. Threatening words or gestures

544. Threat of death by writing

545. Threat of harm with intent to put in fear

546. Interference with tools, etc., to coerce

547. Assembling in public place for unlawful purpose and not dispersing on request

548. Disturbance at habitual meeting place

549. Sounding or playing instrument near house after request to stop, or leave

550. Loudspeakers, etc. musical instruments

551. Restriction of operation of loudspeakers

552. Notice to be given

553. Commissioner of Police to issue permit

554. Hours of holding public and political meetings

555. Modulation of loudspeakers

556. Regulations

558. Proceedings for an offence

559. Definitions

560. Vagrant or idle or disorderly person

561. Annoyance in a public place

562. Not maintaining relative in want

563. Rogue and vagabond

564. Incorrigible rogue

565. Warrant for arrest of vagrant, rogue and vagabond or incorrigible rogue

566. Irreverence near place of worship during service, or cemetery during burial

567. Disturbing person in place of worship

568. Disturbing minister, etc, at celebration in public

569. Annoyance not defined

PART 1 ARREST AND BAIL

570A. Rules by Chief Justice

570. Arrest without warrant

571. Use of force in making arrest, etc.

572. Arrest without warrant by any person

573. Person committing indictable offence

574. Person found committing offence against property

575. Person found in possession of property

576. Person offering property for sale, etc.

577. Warrant to arrest

578. Form and requisites of warrant

579. Copy to be kept by issuer

580. Issue and execution on Sunday and public holiday

581. Power to break and enter in execution of warrant

582. Possession of warrant by police officer

583. When justice of the peace may issue warrant

584. Bringing person arrested before Court

585. Proceedings when person arresting not police officer

586. Persons arrested without warrant to be taken to police station

587. Physical restraints

588. Searching person arrested

589. Intimation to and interview with legal practitioner

590. Savings as to arrest or detention under other laws

591. Definitions

592. Right to bail

593. Circumstances in which bail may be denied

594. Police bail

595. Detention of suspects during police investigations

596. Record of decision as to bail

597. Reasons for denying or refusing bail

598. Right to apply to the High Court for bail

599. Subsequent hearings for bail

600. Powers of the High Court in relation to bail

601. General provisions relating to bail

602. Restrictions on conditions of bail

603. Bail with sureties

604. Forfeiture of security

605. Indemnifying or agreeing to indemnify sureties

606. Absconding

607. Arrest for absconding etc.

608. Prosecution right of appeal

609. Bail after committal for trial

610. Bail during remand

611. Custody during remand

612. Correctional officer to produce accused during remand period

613. Adjournment before plea

614. Remand in absence of accused unable to appear

615. Remand by proper officer when Court unable to sit

616. Execution of warrant of commitment

PART 2 SEARCH AND SEIZURE

617. Justice of the peace to issue search warrant

618. Search by direction and in presence of a magistrate

619. Duty to allow search

620. Search for and removal of persons wrongfully confined

621. Search for male or female suspected to be detained for immoral purposes

622. Issue of warrant to search for and seize and remove property

623. Seizure of things not specified

624. Information for search warrant

625. Time for execution of search warrant

626. Detention and disposal of property seized under search warrant

627. Disposal in case of counterfeit note or other thing

628. Disposal of forged bank-note, etc., taken under such warrant

629. Power to seize counterfeit notes

630. Warrant to enter and seize and to arrest in case of suspected brothel, etc.

631. Search, etc., on police report

632. Seizure of goods suspected liable to forfeiture

633. Powers and protection in case of search for explosive or dangerous thing

634. Report by police to Court as to property taken from accused

635. Order to seize property in case of suspected crime

636. Seizure and disposal of things suspected to be provided or prepared for committing crime

637. Search warrant

638. Entering vessel to detect or prevent crime

639. Search of vessel or conveyance for goods suspected to be liable to forfeiture, or smuggled

640. Court to order delivery of property to person apparently entitled

641. Order for delivery in case of pawned property

642. Order on conviction for restoration of property to or for owner

643. Power to order payment out of money taken from accused

644. Power to order restitution of property although no conviction

645. Provisions as to restitution additional to other enactments

646. Order denying access to information used to obtain any warrant

PART 3 GENERAL POWERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS AND POLICE

647. Director of Public Prosecutions dealing with indictable case summarily

648. Power to remit case to Magistrate

649. Director of Public Prosecutions to direct committal for trial if accused discharged

650. Director of Public Prosecutions to release accused on non-preferment of indictment

651. Director of Public Prosecutions to stay proceedings

652. Substitution of indictment by Director of Public Prosecutions

653. Conduct of police prosecutions

PART 4 SUMMARY PROCEEDINGS

654. Definition of “Court”

655. Jurisdiction generally

656. Jurisdiction in receiving or unlawful possession

657. Bona fide question of title to land

659. Application of other procedure provisions to complaints

660. Transfer case to district court having jurisdiction

661. Complaint to commence proceedings

662. Complainants and defendants, who may be

663. oral complaint

664. Oath for complaint, when necessary

665. One matter of complaint

666. Complaint, how made

667. Description of offence

668. Specifying or negativing exception, etc., unnecessary

669. Value of property

670. Implication of statement that act is done contrary to an enactment

671. Period of limitation

672. Refusal to entertain complaints

673. Bringing up defendant in person

674. Issue and contents of summons

675. (Repealed by Act 11 of 2008)

676. Warrant instead of summons in first instance

677. Proof of previous conviction

678. Recording of evidence

679. Bringing up inmate to testify

680. Issue of summons to witness

681. (Repealed by Act 11 of 2008)

682. Warrant for witness disobeying summons or avoiding service

683. Warrant for witness in first instance, when

684. Bringing up arrested witness

685. Liability of witness to attend adjourned sitting

686. Power to adjourn in general

687. Power to amend a charge

688. Order if neither party appears

689. Powers of Court on non-appearance of complainant

690. Proceedings on non-appearance of defendant

691. Court, if parties appear, to hear complaint

692. Appearance in person or by counsel

693. Hearing of cross complaints or similar complaints together

694. (Repealed by Act 11 of 2008)

695. Objection to jurisdiction

696. Objection as to informality in summons or service

697. Objection as to mode of stating charge

698. Objection to defect of substance, or form, or variance

699. Variance as to time or place

700. Omissions and mis-statements

701. Powers of Magistrate as to defects or irregularities

702. Order against defendant admitting charge

703. Proceedings if “not guilty” Plea pleaded or partial plea not accepted

704. Notice of defence to complainant

705. Case and evidence for complainant

706. Caution to undefended defendant

707. Case and evidence for defendant

708. Evidence in reply

709. Placing witnesses out of Court

710. Dismissal or order against defendant

711. Remand for medical examination

712. Formal order of dismissal

713. Effect of conviction in part

714. Entry of minute of order against defendant

715. Offence charged — conviction for attempt

716. Attempt charged and offence proved — conviction

717. Complaint divisible

718. Fraudulent breach of trust and stealing

719. Court to be open and public generally

720. Right to appeal

721. Appeal against summary conviction of indictable offence

722. Right after notice of appeal to copies of proceedings

723. Suspension of execution during appeal

724. Notice of appeal

725. Notice of appeal by appellant in custody

726. Notice by clerk to respondent

727. Notice of grounds for appeal

728. Appellant or practitioner to sign notice of grounds of appeal

729. Particulars of grounds of appeal

730. Notice of special grounds

731. Entry of notice of reasons for appeal

732. Statutory grounds of appeal

733. Recognizance or other security by appellant

734. Transmission of appeal proceedings to Registrar

735. Sittings of Court of Appeal

736. Notice of appeal sitting to parties

737. No appeal to be heard within 21 days of order but by consent

738. Appearance in person or by counsel

739. Striking out appeal on non-appearance of appellant

740. Adjournment and terms thereof

741. General provisions as to hearing

742. Appellant bound by grounds in notice

743. Objections to grounds for appeal

744. Defects, variances, etc., when immaterial

745. Amendment of recognizance

746. Production of documents, exhibits, or other things

747. Appeal to be determined on record

748. Notice of application to adduce evidence at hearing

749. Evidence by affidavit

750. Examination of witness in appeal

751. Proceedings as to evidence on appeal

752. Inadmissible grounds of appeal

753. Appeals to be decided on merits

754. Powers of Court on appeal

755. Judgment on appeal final

756. Power of Court as to costs

757. Costs where appeal abandoned or withdrawn

758. Execution for appeal costs

759. Default of appearance by appellant

760. Transmission of appeal judgment to District Court

761. Power of magistrate to enforce appeal judgment

762. Publication of judgment reasons

763. Power of Magistrate to state case

764. Recognizance by applicant

765. Release of appellant

766. Transmission of case and notice of hearing

767. Saving as to right of appeal

768. Power of Director of Public Prosecutions to require case to be stated

769. Remission of case stated to magistrate. Hearing and procedure

770. Review of sentencing

771. Definition of “Court”

772. Summary trials generally. Power to adjourn and remand

774. Complaint for offence triable either on indictment or summarily

775. Summary trial of complaint against adult for certain indictable offences

776. Reduction of charge from indictable to summary offence

777. Summary trial of child other than for murder

778. Summary trial of young person with his or her consent

779. Proceedings in case of suspected offence

780. Proceedings in case of absconding accused

781. District in which to hold initial hearing

782. Power to transfer inquiry as to offence committed out of limit of jurisdiction

783. Order to bring up inmate for trial or inquiry

784. Warrant Instead of Summons

785. Issue and contents of summons

786. Service of summons generally

787. (Repealed by Act 11 of 2008)

788. Proof of service generally

789. Issue of warrant

790. Proceedings on arrest

791. Order to bring up inmate as witness

792. Issue and contents of summons to witness

793. Service and proof of service of, summons on witness

794. Warrant for witness disobeying summons or avoiding service

795. Warrant for witness in first instance

796. Witness arrested; How dealt with

797. Initial and Sufficiency Hearing

798. Sufficiency Hearing

799. (Repealed by Act 11 of 2008)

800. (Repealed by Act 11 of 2008)

801. Committal of Defendant

802. Discharge of Defendant

803. Bail or committal to correctional facility of accused

804. Transmission of documents to Registrar

805. NOTICE to Director of Public ProSecutions

806. (Repealed by Act 11 of 2008)

807. (Repealed by Act 11 of 2008)

808. (Repealed by Act 11 of 2008)

PART 6 INDICTABLE TRIALS

809. Mistake in caption

810. Sufficiency of statement of offence in count

811. Counts to be numbered

812. Unnecessary averments as to offence by bankrupt

813. Statement of intent to defraud, deceive or injure

814. Allegations for pretending as to enclosures in postal packets

815. Negativing exceptions or exemptions

816. Statement of means or instrument

817. Statement not needing proof

818. Qualifying allegations unnecessary

819. Statement of value

820. Inadmissible objection

821. Statements in alternative as in enactment lawful

822. Sufficiency of averment as to bank-note or note described as money

823. Sufficiency of averments charging fraud without details

824. Count for libel or selling or exhibiting publications

825. Count for perjury, etc. not invalid etc.

827. Description of accused

828. Description of document or thing

829. Statement of act, omission, place, thing, time

830. Description of property

831. Description of trade or other mark

832. Joining of counts, but murder alone to be charged

833. Charging any or all of several offences

834. Indictment for stealing

835. Election by prosecutor etc.

836. Joinder of persons

837. Power to order particulars and adjourn for purpose

838. Consideration of written statements or depositions on application

839. Charging previous convictions

840. Unnecessary to charge previous conviction. Competence to prove previous conviction

841. Indictments to be generally preferred by Director of Public Prosecutions

842. Charging offence disclosed by depositions

843. Signing of indictments

844. Filing of indictments

845. Service of copy of indictment

846. Statement and proof of overt acts

847. Documents to be served

848. Crown Book to be a record

849. Ordinary sittings

850. Special sitting

851. Proceedings on Sunday and other holiday

852. Procedure in indictable cases generally

853. Service of documents

854. Sheriff to aid Registrar as to service

855. Notice of objection or special plea and grounds

856. Objection and plea

857. Demurrer not allowed

858. Amendment of name of accused

859. Application to quash count not founded on depositions before Magistrate

860. Objection for formal defect

861. Objection that indictment is likely to prejudice or embarrass

862. Objection of substance or to jurisdiction

863. Objection without plea

864. Special defence

865. Special pleas

866. Autrefois acquit or convict and pardon pleaded together

867. Discharge of accused on plea of autrefois convict

868. Previous acquittal or conviction, a bar to charge with additions tending to increase punishment

869. Acquittal or conviction for murder a bar to second charge of manslaughter and vice versa

870. Use of deposition and Judge's notes to try plea of autrefois acquit or convict

871. Proceeding on pleas other than plea of guilty

872. Trial of fresh issues on pleas other than plea of not guilty

873. Trial to be on indictment

874. Trial to be by Judge and jury

875. Same procedure for all offences except treason

876. Non-appearance of accused

877. Forfeiture of recognizance of accused and sureties

878. Power to adjourn and directions to jury

879. Formal adjournment not necessary

880. Bail of accused or witnesses on adjournment

881. Defects, omissions, variances

882. Insertion, or change of count to meet plea

883. Terms and conditions of amendments

884. Correction of errors

885. Order to bring up inmate in custody for the other cause

886. Right of accused to have indictment read

887. Accused to appear and plead

888. Accused committed for sentence to plead

889. No pleading to previous conviction count. Exception

890. No plea in abatement

891. Competent pleas

892. Jury to find if accused capable to plead and take his or her trial

893. Giving accused in charge to jury

894. Deposition signed by magistrate to be evidence

895. Evidence at former trial similarly admissible

896. Evidence of possession of stolen property and of previous convictions

897. Jury to determine issues as to previous conviction

898. Previous conviction, how proved

899. Judge to take notes of evidence

900. Order to bring up inmate witness

901. Summons to witness

902. Service of summons to witness

903. Court to order prosecution to call witness

904. Court to dispense with production of medical or other witness

905. Witness for prosecution not previously examined

906. Witnesses to be outside Courtroom

907. Refractory witness

908. Disclosure by the prosecutor

909. Voluntary Disclosure by accused

910. Application by accused for disclosure

911. Continuing duty of prosecutor to disclose

912. Faults of disclosure by accused

913. Opening case and evidence for prosecution

914. Powers of Court at close of prosecution

915. Defence Counsel to declare intentions

916. Defence by counsel and caution to undefended accused

917. Opening of case and examining witnesses for defence

918. Reply for prosecution

919. Judge's duties and powers

920. Summing up by Judge

921. Jury's duties and powers

922. Consideration of verdict

924. Precautions against undue communication with jury during retirement

925. Qualification

926. Disqualification

927. Exemption from service

928. Disqualification or exemption when to be claimed

929. Judge may direct sheriff to strike name

930. Aliens as jurors

931. Preliminary List

932. Publication of list

933. Revision of list

934. Magistrate to certify and transmit to Registrar copy of list

936. The Juror's Book

937. Summoning of jurors

938. Only one person to be summoned from each place of business

939. Omission of juror believed absent or dead

940. Presumption of regularity and lawfulness of panel

941. Copy of panel to be delivered to Registrar

942. Service of summons to juror

943. Order to summon tales on exhaustion of panel

944. Summoning of jury for adjourned sitting on discharge of jury for non-agreement

945. Calling jurors to empanel a jury

946. Drawing a jury

947. Trial of successive issues by same jury

948. Number of jury

949. Counting and swearing of jury

950. Swearing of jury collectively

951. Jury to be sworn to give true verdict

952. Election of foreperson

953. Alternate jurors

954. Challenge to the panel, when to be made

955. Grounds, etc. of challenge to the panel

956. Challenge to the polls

957. Grounds and mode of challenge for cause

958. Trial of challenge for cause

959. Peremptory challenges

960. Joining or severing challenges on trial of several persons

962. Power of Court to discharge jury without verdict

963. Procedure where juror dies, becomes incapable or is absent

964. Power of Court to discharge non-neutral juror, sworn or not

965. Right of summoned jurors to fees on attendance

966. Registrar's discretion as to fees

967. Limitation of juror's claim for payment

968. Return by Registrar of payments

969. Fine on juror for non-attendance, etc.

970. Fine on juror refusing to serve, etc.

971. Power of Judge to reduce or remit fine

972. Levy by distress and sale on non-payment of fine

973. Accommodation, custody and refreshment of jury

974. Power of Court to discharge or release juror

975. View by jury

976. Directions to prevent undue communication with jurors

977. Irregularity as to jury not to invalidate

978. Delivery and recording of verdict

979. Verdict on each count generally. Questions to jury

980. Rectifying verdict

981. Discharge of accused on acquittal

982. Verdict on charge of attempt

983. Offence charged — conviction for another

984. Offence charged — conviction for attempt

985. Count divisible

986. Verdict where offence causing specific result charged

987. Conviction for offence charged although proved to be included in another offence

988. Verdict on charge of murder or manslaughter

989. Verdict on charge of assault to murder or with intent

990. Verdict where procuring offence charged

991. Verdict on charge of rape, etc.

992. Verdict on charge of robbery

993. Verdict on charge of stealing, etc.

994. Verdict on joint charges of stealing or handling

995. Verdict on charge against 2 or more persons for handling

996. Power to direct return of special verdict

997. General verdict of guilty or not guilty in libel

998. Inspection of depositions and exhibits by accused

1000. Motion in arrest of judgment

1001. Sentence at same or future sitting

1002. Power to reserve decision on questions raised at trial

1003. Validity of proceedings

1004. Sentence by any Judge

1005. Evidence as to proper sentence

1006. Sentence on verdict of guilty on several counts

1007. Sentence of death not to be passed on pregnant women

1008. No jury de ventre inspiciendo

1009. Error not allowed

1010. Reserve of question of law

1011. Warrant for execution of sentence

1012. Presence of accused at trial

1013. Power to clear Court

1014. Proceedings in camera

1015. Directions as to separate trials

1016. Motion by accused for discharge on failure to prosecute

1017. Withdrawal of counts after conviction on one or more

1018. Issue of mentally abnormal on or before arraignment

1019. Special verdict if jury finds that accused was mentally ill at time of offence

1020. Person found mentally ill may be detained at Governor General's pleasure

1021. Court to remit summary case to Magistrate or to try it

PART 7 GENERAL PROCEDURAL MATTERS

1022. High Court to release person in illegal custody

1023. High Court on application by way of habeas corpus or the like

1024. Order appealed from not to be removed

1025. Want of form not to nullify order. Warrant of commitment not void for defect

1026. Validity of proceeding in summary trials of indictable offences

1027. Validity of proceeding despite defects

1028. Matters within section 1027

1029. High Court to quash conviction, order, etc.

1030. Objection as to no evidence of notice, proclamation etc. inadmissible

1031. Validity of proceedings tried and decided on the merits

1032. Improper admission or rejection of evidence

1033. Warrants of commitment valid if order good

1034. Qualification of accused, when presumed

1035. Age from appearance, presumption

1036. Proof of conviction

1037. Mode of proving note false

1038. Difference as to date, year or legend on note immaterial

1039. Court to cut in pieces and dispose of false note

1040. Defamation presumption of publication

1041. Presumption of validity of deposition

1042. Proof of intent to deceive or defraud

1043. Presumption from things found in betting-house

1044. Presumption of use of place as betting-house

1045. Proof of play for money, wager, or stake unnecessary

1046. Comparison of disputed handwriting

1047. Presumption as to identity

1048. Evidence of relationship on trial of incest

1049. Presumption in prosecutions for offences respecting liquor

1050. Presumption of nationality or race from appearance

1051. Presumption of nationality of ships

1052. Proof of false testimony by certificate

1053. Mode of proof of seal or stamp used for public revenue or post office

1054. Presumption from entries of receipt of money by public officer or clerk or servant

1055. Proof of service or execution

1056. Proof of statutes, records, documents or other writings

1057. Proof of document not disputed unnecessary

1058. Admissibility of unstamped documents

1059. No proof of unnecessary averment

1060. Power of Court to order prosecution for perjury in proceeding before it

1061. Duty of magistrate

1062. Service of charge on accused

1063. Proceedings against associations, companies, etc.

1064. Testamentary instrument

1065. Document of title to land

1066. Property of a successor

1067. Property leased

1068. Property for religious worship

1069. Uncertainty of ownership of property belonging to several persons

1070. Property of several persons

1071. Property belonging to corporate body

1072. Sufficiency of statement of name or title of company or partnership

1073. Use of collective name sufficient

1074. Property as owned by inhabitants of State, district, town or village

1075. Property in public places need not belong to any person

1076. Description of property in charge against public servants

1077. Description of property belonging to Government

1078. Description of property as belonging to public officer or commissioner

1079. Power to enlarge time

1080. Conditions of adjournment or amendment

1081. Mode of trial when none prescribed

1082. Trial of aliens

1083. Procedures in cases not provided for

1085. Tariffs of fees

PART 1 GENERAL PROVISIONS

1086. Extent of jurisdiction

1087.Liability for act done partly beyond jurisdiction

1088. Act when punishable

1089. Conviction essential before punishment

1090. Punishment not to be double

1091. Prosecution and punishment under one or more enactments

1092. Several acts respecting one person or thing, each of which is a crime

1093. Liability to increased punishment on subsequent conviction

1094. Indictable offence

1095. Summary offence

1096. Restrictions on the imposition of custodial sentences

1097. Length of custodial sentences

1098. Procedural requirements for custodial sentences

1099. Additional requirements in the case of mentally disordered offenders

1100. Saving for mitigation and mentally disordered offenders

1101. Effect of previous convictions etc.

1102. General judicial guidelines

1103. Sentencing Guidelines

1104. Punishment may not be less than minimum

1105. Pronouncement of sentence

1106. Modification of sentence

1107. Running of sentences

1108. Orders of Court in cases other than for payment of money where no mode of enforcement prescribed

1109. Terms of orders in usual cases

PART 2 TYPES OF PUNISHMENTS

1110. Conviction on verdict, confession or plea

1111. Terms of death sentence

1112. Statement of time or place of execution in sentence immaterial

1113. Court not to fix date for execution. Judge's report to Governor General

1114. Place and time of execution

1115. The Minister to appoint burial place

1116. Officers to direct and be present at execution

1117. Presence of justice and relatives of inmate

1118. Proceedings after execution of death sentence

1119. Inquest and duties of the coroner

1120. Documents to be forwarded to Minister

1121. False certificate or declaration

1122. Omissions not to invalidate execution

1123. Imprisonment not to be less than minimum

1124. Commencement of imprisonment on conviction before High Court

1125. Commencement of imprisonment on summary conviction

1126. Computation of imprisonment

1127. Computation of imprisonment in case of escape

1128. Reduction of imprisonment on part payment

1129. Termination of imprisonment on payment or levy

1130. Commitment implied on pronouncement of sentence

1131. Order or extract thereof sufficient warrant

1132. Power to issue warrant of commitment on default of payment

1133. Delivery of warrant and person named therein to correctional officer

1134. Detention in approved places

1135. Consequences on sentence for 3 years or more

1136. Definition

1137. Establishment of Parole Board

1138. Functions of the Board

1139. Parole Committee

1140. Eligibility of parole

1141. Grant of parole

1142. Parole order

1143. Suspension of Parole

1144. Revocation of Parole

1145. Effect of suspension or revocation of parole

1146. Chairman to issue warrant recalling parolee, in the public interest

1147. Forfeiture of parole

1148. Certificate to be sent to Board

1149. Re-application

1150. Parole and remission of sentence

1151. Computation of sentence

1152. Termination of parole

1153. Assignment of parole officers

1155. Regulations

1156. Definition

1157. Probation Orders

1158. Duration and requirement of probation order

1159. Damages and compensation

1160. Security for good behaviour

1161. Breach of requirement of probation order

1162. Commission of further offence

1163. Effects of probation

1164. Amendment of probation order

1165. Review of probation order

1166. Discharge of probation order

1167. When probationer must appear

1168. Copies of amending and discharging orders

1169. Supervising probation officer

1170. Duties of probation officers

1171. Contributions towards institutions

1172. Appointments

1174. Persons eligible to serve extra mural sentence

1175. Extra mural sentence to be served during working hours under control of Director of Correctional Services

1176. Director of Correctional Services to report defaulters to the Court

1177. Curfew orders

1178. Electronic monitoring of curfew orders

1179. Orders combining probation with extra mural order, or probation with curfew

1180. Application of relevant law to constituent parts of combination orders

1181. Dismissal with reprimand

1182. Absolute and conditional discharge

1183. Commission of further offence by person conditionally discharged

1184. Suspended sentences

1185. Subsequent offence during operational period

1186. Discovery of further offence

1187. Appropriation of fines and other money to use of State

1188. Power to sell or dispose of non-pecuniary forfeitures

1189. Levy as in civil actions on conviction for defamation

1190. Alternative powers in general

1191. Extension of time for payment of adjudged sum

1192. Periodical payments through office of Court or specified person

1193. Postponement of issue of warrant of commitment for non-payment

1194. Searching person ordered to pay money

1195. Fine or penalty may not be less than minimum

1196. Additional fines in indictable cases

1197. Substitutional fines in indictable cases

1198. High Court to fine or commit for contempt

1199. Imprisonment for non-payment of fine, etc.

1200. Fixing amount of fine

1201. Restrictions on power to impose imprisonment on conviction

1202. Scale of imprisonment for non-payment of sums adjudged

1203. Warrant to arrest person etc. about to leave State

1204. Procedure to determine compensation or liability

1205. Compensation and costs where several persons are convicted

1206. Recovery of amount of costs or compensation

1207. Effect of satisfaction or compensation

1208. Saving of right of civil action

1209. Referring claimant to civil remedy

1210. Order for compensation on conviction for indictable offence

1211. Order for costs on conviction for indictable offence

1212. Order of costs against private prosecutor on charge of defamation

1213. Order against complainant to pay costs or compensation

1214. Imprisonment of complainant in default of payment of compensation or costs

1215. Order against defendant to pay compensation

1216. Order for costs against defendant

1217. Imprisonment of defendant for non-payment of costs

1218. Remission of fees

1219. Costs on application for order for periodical payment of money

1220. Return of costs from Treasury in certain cases

1221. Cases in which distress leviable

1222. Issue and formalities of warrant of distress

1223. Cases in which distress may be refused

1224. Detention or release of offender during distress proceedings

1225. Persons authorised to execute distress

1226. Power of entry to execute distress

1227. Property available for distress

1228. Property exempted from distress

1229. Sale of distress

1230. Time within which distress to be sold

1231. Duties of person executing warrant

1232. Account of costs and charges of distress

1234. Opposition to levy or on proceeds of sale

1235. Ranking and distribution of claims

1236. Satisfaction of distress

1237. Decision of disputes respecting distress or sale

1238. Power to order imprisonment if distress insufficient

1239. Powers of district court to bind persons for good behaviour

1240. Binding parties to be of good behaviour

1241. Power of Court to order person convicted to enter into recognizance to keep the peace

1242. Imprisonment in default

1243. Deposit in lieu of surety

1244. Forfeiture and enforcement of recognizance in the District Court

1245. Registrar's duty as to recognizance on default

1246. Sheriff to summon defaulters

1247. Hearing and power to remit or enforce

1248. Writ of execution and proceedings thereon

1249. Custody of person arrested

1250. Execution against surety of person bailed and failing to appear

1251. Revision of orders in cases of committal for want of sureties

PART 3 PARDON, REMISSION, REWARD, ETC.,

1252. Remission by Governor General

1253. Remission by High Court

1254. Remission by Cabinet

1255. Discharge of person imprisoned on payment of fine

1256. Release from further criminal proceedings on payment, discharge or satisfaction otherwise

1257. Protection of certain persons from damages for acts done or other proceedings under Code

1258. Power of Cabinet to award part of fine

PART 4 MISCELLANEOUS PROVISIONS

1259. Order against parent or guardian on conviction of child

1260. Saving of certain laws and powers

1261. Punishment not to be double

1262. Saving of Royal Prerogatives

1263.Saving of civil remedies

PART 1 ENFORCEMENT ETC. OF CERTAIN ORDERS

PART II BREACH OF REQUIREMENT OF ORDER

PART 3 REVOCATION OF ORDER

PART 4 AMENDMENT OF ORDER

SUBSIDIARY LEGISLATION

Criminal Procedure Rules (Statutory Instrument 22/2015)

0.1 Citation and commencement

Criminal Code (Detention of Suspects During Police Investigations) (Other Indictable Offence) Notice – Section 595(2)(b) (Statutory Instrument 13/2023)

2. Other indictable offence