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Schedule 5

(Section 931)

FORMS

NOTE—

BLANK FORMS

In printed blank forms, it is advisable to indicate thereon the number, letter, or other marks of identification, the title or description of the form and the sections of the relevant enactment so as to facilitate reference.

Such printed blanks can be prepared from the forms in this Schedule, the necessary adaptation being made when required. See ss. 1083,1084.

Alternatives for blanks may be suggested in the margins or other part of the form.

NAMES AND DESCRIPTIONS

In all proceedings there should be given the names and surnames, occupation or profession (if any), and the place of residence of persons mentioned or referred to therein.

Persons, places, or things should be so named or described as to be clearly identifiable.

ARREST, BAIL, REMAND AND COMMITMENT GENERALLY. BAIL AND RECOGNIZANCE IN GENERAL

Recognizance to Appear. -s. 603

SAINT LUCIA.

I, the undersigned accused namely, (name, etc.) Charged with having on [state charge] hereby bind myself to forfeit to the Crown the sum of dollars to perform the following obligation, namely-

To attend at the ........................................ District Court at ........................................ on ........................................, and at every time and place to which during the course of the proceedings the hearing is adjourned, or at an earlier time if so required, unless otherwise directed.

Dated at this ............... day of ........................................, 20 ..............

[Signed]

Accused.

[Signed] Magistrate of the said District.

[or] Police Officer in charge of Station at [state place].

Obligation of Sureties, if any.

[I or We] the undersigned suret [y or ies], namely [ name, etc.] hereby severally acknowledge being bound to forfeit to the Crown the sum of $ ................. in case the said accused fails to perform the said obligation.

Dated at ........................................ this .................. day of ........................................, 20 ...............

[Signed]

Surety.

Dated at ........................................ this ........... day of ........................................ , 20 ............

[Signed] Magistrate of the said District.

[or] Police Officer in charge of Station at [state place].

Surety.

Note._The recognizance of a surety may be taken separately and either before or after the recognizance of the principal. -s 603. The extent of the liability of a surety is as stated in ss.603, 604

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Bail and Recognizance Book - s. 596.
Date Party Name and Residence Sureties Name and Residence Condition or Obligation Whether by recognizance, deposit of money, or of articles, in which case describe articles Constable in Charge Remarks
Amount

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Recognizance before Police to Prosecute -s. 594

SAINT LUCIA

I [name, etc.] do hereby bind myself to attend at the .......................... District Court at ........................ on ............................ day the ........................ day of ................................. 20 .............., at ...................., to prosecute a charge of ............... against [Name, etc., of accused] and in case of default I bind myself to forfeit to the Crown the sum of $ .......................

Dated at ............... this .......... day of ........................................, 20.........

[Signed]

Party Bound.

[Signed]

Police Officer in charge of Station at

[state place.]

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Warrant of Commitment of Person on Bail under Penalty absconding-ss. 606, 607 (Heading as in No. 7)

To all Police Officers

The accused who was charged [etc., as in No. 29]

And whereas the said accused was released under a penalty to appear [etc., as in No. 29.]

And whereas the said penalty has been forfeited.

This is to command you to convey the accused to the Correctional Facility there to be imprisoned for [state period] unless the said sum of $ .................... shall be sooner paid.

Dated [etc., as in No. 8.]

REMAND IN GENERAL

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Warrant of Commitment on further Remand of Person in Custody unable to Appear through illness or otherwise.-s.614

(Heading as in No. 7.)

To the Correctional Officer.

The Court being satisfied that by reason of [illness or accident] the accused is unable to appear personally before the Court as required by the warrant of commitment of the [state date] remanding the accused to this day.

You are therefore hereby commanded to keep the accused until the [date] unless the accused shall have been bailed in the meantime, and on that day to convey the accused before the said Court sitting at .............. at the hour of ............... in the ......... noon, unless you shall be otherwise directed in the meantime.

Dated [etc., as in No. 8]

WARRANTS OF COMMITMENT IN GENERAL

Receipt for Inmate. -s. 794

SAINT LUCIA

I hereby certify that I have received from [Name, rank, etc.,] of ................ the body of [person's name], together with a warrant under the hand of [name], Esquire, Magistrate for the .................... District, and the said inmate was [sober, or as the case may be] at the time he or she was delivered into my custody.

Dated this .................. day of ........................................, 20 .........

[Signed]

Correctional Officer.

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INDICTABLE OFFENCES - PROCEEDINGS BEFORE A MAGISTRATE

(Heading)

SAINT LUCIA

IN THE ........................................... DISTRICT COURT.

[name, residence, and occupation]

Complainant.

[name, residence, and occupation]

Accused.

__________

Dated this .................. day of ........................................, 20 .........

[Signed]

Magistrate of the said District.

Note-If it is a Form which can be signed by the clerk of the court or a justice of the peace it can be signed by the clerk as suggested in No. 9.

__________

Dated this .................. day of ........................................, 20 .........

[Signed] Magistrate of the said District.

[or] Clerk of the

Magistrate of the said District.

[or] Justice of the Peace.

[or] [as the case may be.]

10.

Dated this .................. day of ........................................, 20 .........

[Signed] Magistrate of the said District.

[or] Clerk of the

Magistrate of the said District.

[or] Justice of the Peace.

[or] [as the case may be.]

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11.

Taken and sworn this ........... day of ........................................, 20.............

[Signed] Magistrate of the said District.

[or] Clerk of the

Magistrate of the said District.

[or] Justice of the Peace.

[or] [as the case may be.]

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JURISDICTION TO HOLD INQUIRIES AND TO

TRANSFER PROCEEDINGS

12.

Summons to Witness in Case of Suspected Offence.-s. 779

SAINT LUCIA

IN THE .................................................. DISTRICT COURT

To [Name, Address, and Occupation of Witness]

Whereas there is reason to believe that [state the charge] and you are capable of giving material evidence concerning the same.

You are hereby summoned to appear before the said District Court, at on ........... day, the ............... day of ................, 20, at ............ to be examined then on oath concerning such offence.

Dated this .................. day of ........................................, 20 .........

[Signed]

Magistrate of the said District

Affidavit of Service

[I or We] the undermentioned officer make oath and say that the particulars of service hereunder are true—

When Served	Upon Whom Served	Where Served	Signature of Officer serving & making Oath	When service proved	Signature of Justice taking proof of service

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13.

Recognizance of Witness Examined in Case of Suspected Offence. s.779

SAINT LUCIA

IN THE ............... DISTRICT COURT

I the undersigned [Name, Address, and Occupation of Witness] (hereinafter called the witness) was examined before the said Court as a witness under section 779 of the Criminal Code and I hereby bind myself to appear and give evidence before any Magistrate or before the Supreme Court in its Criminal Jurisdiction, if called upon for that purpose at any time within 6 months ensuing: And I hereby acknowledge myself bound to forfeit to the Crown the sum of $ .................. on failure to perform the said obligation.

[Signed]

Witness.

Taken [etc., as in No. 10.]

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14.

Warrant to Convey before the Magistrate of another District.-s. 782

(Heading as in No. 7)

To all Police Officers

Whereas complaint was made that the accused on [state the charge] And whereas I have taken the deposition of [name of witness] as to the said offence.

And whereas the charge is of an offence committed in the District.

This is to command you to convey the said accused before the Magistrate of the last-mentioned District, and to deliver to him or her this warrant and the deposition.

Dated [etc., as in No. 132]

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PROCEEDINGS TO COMPEL APPEARANCE OF ACCUSED

15.

Complaint and Information without Oath.-ss. 784,785

(Heading as in No. 7)

The complainant states that the accused on [state charge, with time, place and district] contrary to section ....................... of the Criminal Code, [or other statute or law, as the case may be.]

The complainant prays for a summons.

[Signed]

Complainant.

[or] Counsel, or Solicitor or agent for .................... Complainant

[or] [as the case may be.]

Taken [etc., as in No. 10.]

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16.

Complaint and Information on Oath.-ss.784,789

(Heading as in No. 7)

The complainant [or name, etc., if a witness make oath] on oath states that the accused on [state charge, with time, place and district] contrary to section ..................... of the Criminal Code, [or other statute or law as the case may be.]

The complainant prays for a warrant of arrest.

[Signed]

[etc., as in No. 16.]

Taken and sworn [etc., as in No. 11.]

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Order for Production of an Inmate to Answer Charge.-s.783

(Heading as in No. 7.)

It is hereby ordered that the Correctional Officer do cause the accused who is now confined in a correctional facility for some other cause to be brought before the said District Court in at the hour of ................. in the Noon on .................. day the .................... day of ................. 20 ............, and as often as may be required for the purpose to answer to a charge of [state charge]

Dated

[etc., as in No. 8.]

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18.

Summons to Person Charged.-ss. 784, 785

(Heading as in No. 7)

To the Accused.

Complaint has been made that you on [state charge] contrary to section of the Criminal Code, [or other statute or law as the case may be.]

You are hereby summoned to appear before the said District Court sitting at ................... on ................... day, the .................... day of ....................... 20 ................, at ...................., to answer the said charge.

Dated [etc., as in No. 8]

Affidavit of Service.-s. 788

(Same as in No. 12.)

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19.

Warrant to Arrest accused in First Instance.-s.795

(Heading as in No. 7)

To all Police Officers

Whereas complaint has been made upon oath that the accused on [state charge]

This is to command you to arrest the said accused and to bring him or her before the said

District Court at .................. to answer the said charge.

Dated [etc., as in No. 8]

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20.

Warrant to Arrest after Summons.-s.789

(Heading as in No.7.)

To all Police Officers

Whereas complaint has been made upon oath that the accused on [state charge]

And whereas a summons has been issued to the accused, who has neglected to appear in obedience thereto and oath has been made of the service of the summons.

This is to command [etc., as in preceding Form No.20]

Dated [as in No. 8.]

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POWER TO BAIL AND REMAND ACCUSED

21.

Recognizance to Appear.-s. 610

(Heading as in No.7)

I the undersigned [etc., as in No.1.]

[To be taken by the Magistrate, or as the case may be.]

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22.

For form of Recognizance after Committal to Appear for Trial at Sessions.-s. 609 See No. 49.

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23.

For form of Warrant to discharge from Correctional Facility Accused entering into Recognizance after Committal-s. 609. See No. 53.

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24.

Warrant to Arrest where Accused Person on Bail has Absconded.-ss.606, 607 (Heading as in No. 7)

To all Police Officers

The accused who stands charged before the said District Court having been admitted to bail was to appear before the said Court at .................. on ........................ day, the .................., 20, at ................ and has made default therein.

This is to command you to arrest the said accused and to bring him or her before the said District Court at

Dated [etc., as in No.8.]

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25.

Warrant to Detain in Custody during Remand.-s. 611

(Heading as in No. 7.)For

To all Police Officers

Whereas a charge was made that the accused on [state charge with time and place]

And whereas the said charge is to be [heard [or] further heard] on the ................. day of ........................................, 20, at

This is to command you to convey the said accused to the Correctional Facility, there to be kept in custody until the above time of hearing or such earlier day as required.

Dated [etc., as in No. 8]

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26.

Warrant of Commitment on further Remand of Person in Custody unable to Appear through Illness or otherwise.-s.614

(See No.5.)

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27.

Application for Arrest of Person Bailed.-s. 607

(Hearing as in No.7.)

Complaint is hereby made that there is reason to believe that the accused is about to abscond for the purpose of evading justice, because [state grounds of belief.]

The arrest of the accused is applied for.

[Signed]

Surety of Accused.

[or] other description as the case may be.

Taken and Sworn [etc., as in No. 11.]

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28.

Warrant to Arrest Accused Person on Bail.-s. 607

(Heading as in No. 7.)

Whereas the accused stands charged for having on [state charge]

And whereas the said accused was admitted to bail to appear at the said District Court in on ................ day, the ............... day of ........................................ 20, at ................. m.

And whereas application on oath has been made by [Name, address and Occupation and description of Applicant or Surety, or as the case may be] that the accused should be arrested.

This is to command you

[etc., as in No. 25.]

Dated [etc., as in No. 8.]

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29.

Warrant of Commitment on Arrest of Accused on Bail.-s. 607

(Heading as in No. 7.)

To all Police Officers

Whereas the accused [etc., as in preceding Form No. 29]

And whereas [etc., as in preceding Form No. 29]

And whereas the said accused has been arrested lest he or she should abscond.

And whereas the said accused has not produced other sufficient security.

This is to command you to convey the accused to the Correctional Facility there to be kept in custody until the said time of hearing, unless otherwise directed in the meantime.

Dated [etc., as in No. 8]

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30.

Order on Correctional Officer to Produce Accused during Remand-s. 584

(Heading as in No 7.)

To the Correctional Officer.

Whereas the accused stands charged for having on [state charge]

And whereas the accused has been committed to your custody by warrant dated the day of, 20, at .......................... in the noon.

It is hereby nevertheless ordered that you do cause the accused before the said Court at .................... in the ................ noon, on .............. day the ................. day of ........................................, 20.

Dated [etc., as in No. 8]

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31.

Summons to Accused on Bail to Appear during Remand.-s. 584

(Heading as in No. 7.)

To the Accused.

Whereas you stand charged that you on [etc., as in No. 29]

And whereas you have been released to appear before the said District Court at [etc., as in No. 31]

Nevertheless you are hereby summoned [etc., as in No. 29]

Dated [etc., as in No. 8]

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32.

Warrant to arrest Accused on Bail Disobeying Summons to Appear during Remand.-s. 607

(Heading as in No. 7)

To all Police Officers

Whereas the accused stands charged [etc. As in No. 29]

And whereas the accused having been released on bail, a summons to appear during the remand period was issued to the accused who has neglected to appear in obedience thereto, and oath has been made of the service of the summons.

This is to command you to arrest the said accused and to bring him or her before the said District Court at to answer to the said charge.

Dated [etc., as in No. 8.]

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PROCEEDINGS TO COMPEL ATTENDANCE OF WITNESS

33.

Order for Production of an Inmate Witness.-s. 791

(Heading as in No.7)

It is hereby ordered that the Correctional Officer do cause [name of witness] who is now confined in the correctional facility to be brought [etc., as in No. 18, down to purpose] of giving evidence for the [Complainant (or) Accused].

Dated [etc., as in No. 8.]

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34.

Summons to Witness.-s.792

(Heading as in No. 7.)

To [Name, Address, and Occupation of Witness.]

Complaint has been made that the accused on [state charge.]

You are hereby summoned to appear before the District Court sitting at ................. on ................ day, the ............. day of ..............., 20, at ................, to give evidence for the [complainant or accused] ................. [or] [and] to produce to the Court, books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of the said charge [and especially ...............] or [as the case may be.]

Dated [etc., as in No. 8.]

Affidavit of Service.-s 788

(As in No. 12.]

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35.

Warrant to Arrest in First Instance.-s.795

(Heading as in No. 7)

To all Police Officers.

Whereas complaint has been made that the accused on [state charge].

And whereas oath has been made that [Name, Address, and Occupation of Witness] hereinafter called the witness, can give material evidence [but will not attend voluntarily].

[or] is keeping out of way of personal service of a summons.

This is to command you to arrest and to bring the said witness before the said District Court at

Dated [etc., as in No. 8.]

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36.

Warrant to Arrest Witness after Summons.-s.794

(Heading as in No. 7)

To all Police Officers

Whereas complaint [etc., as in preceding Form No. 36.]

And whereas a summons herein has been issued to [Name, Address and Occupation of

Witness] hereinafter called the witness, who has neglected to appear in obedience thereto and oath has been made of the service of the summons.

This is [etc., as in preceding Form No. 36.]

Dated [etc., as in No.8.]

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37.

Warrant to Commit Refractory Witness.-s.907

(Heading as in No. 7.)

To all Police Officers

Whereas a charge has been made that the accused on [state charge].

And whereas [Name of Witness] a material witness, has, without just excuse, refuse to do as required, namely, to [state what witness was required to do]

This is to command you to convey the said witness to the Correctional Facility, there to be detained until the trial of the said accused, unless the witness shall in the meantime consent to do as required, or is discharged by due course of law.

Dated [etc., as in No. 8.]

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38.

Warrant to Discharge Refractory Witness from the Correctional Facility.-s.

907

(Heading as in No. 7)

To the Correctional Officer.

Whereas [Name of Witness] a witness, was committed to a correctional facility herein for the reason stated in the warrant so committing the witness.

This is to command you nevertheless to discharge the said witness unless he or she shall be in your custody for some other cause.

Dated [etc., as in No. 8.]

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PROCEEDINGS AT PRELIMINARY INQUIRY - CONDUCT OF INQUIRY

39.

Deposition of Witness.-s. 978

(Heading as in No. 7.)

The deposition of [Name, residence and occupation of witness] taken in the presence and hearing of the accused, who stands charged [or], after notice to the accused, who stands committed for .................... that he on [state charge].

The said deponent on oath states as follows:- [Deposition as nearly as possible in the words of the witness, to be signed by the witness and by the Magistrate].

[If depositions of several witnesses are taken at the same time, they may be taken and signed as follows:-]

The depositions of [name, residence and occupation], of [name, residence and occupation], of [name, residence and occupation], etc., taken in the presence and hearing of the accused, who stands charged that he or she on [state charge, with time and place].

The deponent [name of witness] on oath states as follows:-

The deponent [name of witness] on oath states as follows:-

The deponent [name of witness] on oath, etc.

[The signature of the Magistrate may be appended as follows:-]

The depositions of [names of the different witnesses, etc.] written on the several sheets of paper, to the last of which my signature is annexed, were taken before me in the presence and hearing of the accused and signed by the said witness respectively in the presence of the accused.

In witness whereof I have, in the presence of the said accused signed my name at

[Signed]

Magistrate of the said District.

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Warrant to commit Witness refusing to sign Depositions.-s. 798
(See No.38, and adapt.)

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41.

Notice of Magistrate's Intention to take or cause to be taken Evidence of Witness Dangerously Ill.-s. 783
(Heading as in No. 7.)

To the [Complainant [or] Accused.]

I hereby give you notice that I intend on the .................... day of .................., 20, at ..................... to [take] [or] to cause [name and no. of district of other Magistrate] to take] the deposition of [name, residence and occupation of witness] who is there dangerously ill, and that you will be at liberty to attend and cross-examine such deponent.

Dated [etc., as in No. 8.]

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42.

Order to convey an Inmate to Place of taking Deposition of a Witness Ill.-s.783
(Heading as in No. 7.)

To the Correctional Officer

Whereas the accused is now in your custody charged with having on [state charge].

And whereas I intend [etc., as in No. 42 down to “ill”].

It is hereby directed that you convey or cause to be conveyed the said accused to the place and at the time notified.

Dated [etc., as in No. 8.]

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43.

List of Exhibits.-s. 804

(Heading as in No.7)
Number or other identifying mark on Exhibit Short description of Exhibit Produced by Prosecution or Accused Custody, (See s.804 and note below)
1.
2. Letter dated From
To Cattle Skin. Prosecution Police.

[Signed]

Magistrate of the said District.

Note.-Above entries are Examples, By s.804 exhibits other than documents are to be taken charge of by the Police unless the Magistrate directs otherwise.

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44.

Question to and Statement by Accused as to Committal for trial.-s.799

(Heading as in No. 7.)

To the Accused.

You having [stated or admitted] that you are guilty of the charge, do you wish the witnesses again to appear to give evidence against you at your trial? If you do not, you will now be committed for trial.

Whereupon the accused states as follows-

Dated this .................. day of ........................................, 20, at .......... in the said District.

[Signed]

Magistrate of the said District..

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45.

Warrant of Committal for Sentence.-s. 801

(Heading as in No. 7)

To all Police Officers

Whereas a charge was made that the accused on [state charge].

And whereas the accused has been committed to be sentenced by the High Court.

This is to command you to convey the accused to the Correctional Facility there to be kept in custody accordingly unless discharged by due course of law in the meantime.

Dated [etc., as in No. 8]

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46.

Order to bring before the Court Accused committed for Sentence, or committed for
Trial and desirous of being Sentenced.-s.797

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(Criminal Jurisdiction.)

FROM ............... THE DISTRICT COURT.

[Name]

Complainant.

[Name]

Accused.

It is hereby ordered that the Correctional Officer do cause the accused who is now confined in the correctional facility to be brought before the High Court at ................ in the noon on day of, 20, and as often as may be required for the purpose of being sentenced.

Dated the day of, 20.

Chief Justice.

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47.

Recognizance after Committal to Appeal for Trial at Sessions.-s. 803

(Heading as in No. 7)

I, the undersigned accused, namely [namely, etc., as in No.1]

To surrender myself and plead to any indictment against me and take my trial for the same, accepting service of all documents upon me in that behalf at the [house or office] of [name] in .................. Street, in the city of Castries [number of street is to be given if possible or such description as to render place of service clearly identifiable.]

Taken [etc., as in No. 10.]

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48.

Warrant of Committal for Trial.-s. 801

(Heading as in No. 7)

To all Police Officers

Whereas a charge [as in No. 47.]

And whereas the accused has been committed for trial at the next practicable criminal sitting of the High Court.

This is to command you [as in No. 47.]

Dated [etc., as in No. 8.]

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49.

Certificate of Consent to Bail by Committing Magistrate indorsed

on Commitment.-s. 803

I hereby certify that I consent to the within-named accused being bailed by recognizance, of the accused in $ ...................... and of [one or 2] suret [y or ies], severally in $ .................

Dated [etc., as in No. 8]

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50.

The Like on a separate Paper.-s.803

(Heading as in No. 7)

Whereas the accused was, on the .................. day of .................., 20 .............., committed to the Correctional Facility charged with having on [state charge] I hereby certify that I consent to the said accused being bailed by recognizance of the said accused [etc., as in preceding form No. 50.]

Dated [etc., as in No. 8]

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51.

Warrant to Discharge from Correctional Facility Accused entering into Recognizance after Committal.-s. 803

(Heading as in No. 7)

To The Correctional Officer

A charge was made that the Accused on [state charge] And whereas the said Accused was committed for trial, but has now duly entered into recognizance to appear for that purpose.

This is to commend you to take the recognizance of the said accused in the sum of $ .......................... with suretyship to appear for that purpose, and then to discharge the said accused unless he or she shall be in your custody for some other cause.

Dated [etc., as in No. 8]

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52.

Order for production of an Inmate in a remitted Case.-s.807

(Heading as in No. 7)

The Director of Public Prosecutions having remitted this case to be dealt with by the District Court it is hereby ordered that the Correctional Officer do cause the accused who has been committed for trial [or sentence] to be brought before the District Court in at the hour of ................. in the noon on ............................ day the ............... day of ................., 20, and as often as may be required for the purpose.

Dated [etc., as in No. 8]

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53.

Summons to Accused in a remitted Case.-s 807.

(Heading as in No. 7.)

To the Accused.

Complaint was made that you on [state charge] contrary to section of the Criminal Code, and you were committed for trial in consequence.

And whereas the Director of Public Prosecutions has remitted this case to be dealt with by the District Court.

You are hereby summoned to appear before the District Court sitting at ............... on ................. day, the ............. day of, 20 .............., at .................., to answer the charge as directed.

Dated [etc., as in No. 8]

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54.

Warrant to arrest Accused in a remitted Case.-s.807

(Heading as in No. 7.)

To all Police Officers

Complaint was made that the accused on [state charge]

And whereas the Director of Public Prosecutions [etc., as in preceding form No. 54.]

And whereas a summons [etc., as in No. 21.]

This is to command you [etc., as in No. 21.]

Dated [etc. as in No. 8.]

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55.

Director of Public Prosecution's Request for Depositions on

Discharge of Accused by Magistrate.-ss.649, 808

(Heading as in No. 7.)

To the Magistrate of the District.

You are required to send to me [the depositions taken in this case [or] a copy of the depositions taken in this case], and any other documents or things in the case [or] the following documents or things, namely:-

Dated, etc.

Director of Public Prosecutions.

__________

Directions by the Director of Public Prosecutions to the Magistrate

to commit for Trial.-ss.649, 808

(Heading as in No. 7)

You are hereby required to commit the accused for trial.

Directions (if any)

Dated, etc.

Director of Public Prosecutions

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INDICTABLE OFFENCES.-PROCEEDINGS AS TO JURIES AND JURORS.

JURIES AND JURORS IN GENERAL AND IN THE SUPREME COURT

57.

Preliminary Jury List.-s. 931

SAINT LUCIA.

JURY LIST FOR THE DISTRICT FOR THE YEAR 20.
Juror's Name: Surname Christian Name Place of Abode Calling Nature or Qualification Remarks

Note.-No person whose name is in Juror's Book as a Juror is entitled, when summoned to attend the High Court, to be excused from attendance on the ground of any disqualification or exemption, other than illness, not claimed by him or her at or before the revision of the list, unless otherwise expressly provided.

All objections to the foregoing list will be heard and determined at the sitting of the District Court to be held at ........................... on ......................... day, the ........................... day of, 20, at ............................

Dated [etc., as in No. 8]

Certificate of Magistrate on Revised Jury List.-s.934

I hereby certify that the foregoing is a fair copy of the jury list as revised, and that it is to the best of my knowledge and belief, a true and proper list of the juror within the district.

Dated [etc., as in No. 8]

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58.

Jury Panel.-s. 934

JURY LIST FOR (First day and Month of] Sessions, 20
Nos. Juror's Names Place of Abode Calling Nature of Qualification

[Date.]............................................................................. Sheriff.

__________

59.

Summons to Juror.-ss. 937, 953

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

To [Juror's Name, etc.]

You are hereby summoned to appear at the High Court House in the City of Castries, on ........................... day, the ........................... day of, 20, at ............................ m., there to serve as a Juror, and not to depart without leave of the Court or in due course of law. Herein fall not, under a penalty not exceeding $24.

Dated, etc.

[Signed]

Sheriff.

Note.-The return of service may be indorsed on the above summons, which should be in duplicate, or may be on a separate return sheet.

_________

60.

Return of Summonses to Jurors.-s. 942

SAINT LUCIA.

IN THE HIGH COURT ........................... (CRIMINAL JURISDICTION).

[First day and Month of] SESSIONS, 20.

SUMMONSES TO JURORS

returnable at a Court to be held at Castries
Name of Juror On whom and where served When served By whom served

_________

61.

Oaths of Jury Collectively.-ss. 949, 950

You shall well and truly try the issues joined between the Prosecution the Accused and a true verdict give according to the evidence: So help you God.

Each juror with uplifted hand shall say after the oath is administered “I so swear, so help me God.”

__________

62.

Oath in case of Juror objecting to be sworn Collectively.-s. 949

I shall well and truly try the issue joined between the Prosecution and the Accused and a true verdict give according to the evidence: So help me God.

NOTE.- This oath will be taken in the ordinary way with testament or crucifix in uplifted hand or otherwise as may be allowed by the Court.

__________

63.

Affirmation of Juror.-s. 949

I solemnly affirm that I will well and truly try the issue joined between the Prosecution and the Accused and a true verdict give according to the evidence.

__________

64.

Election of Foreman by Jury.-s 952

After the jury have been sworn the proper officer will say to them: Ladies and Gentleman, choose your foreperson.

__________

65.

(Heading)

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

The Crown

[Name]

Accused.

__________

66.

Challenge to Panel.-s. 954

(Heading as in No. 65)

The Director of Public Prosecutions [or the said prosecutor or accused as the case may be], challenges the panel on the ground that it was returned by [name of sheriff] Sheriff of the State. [or [name] Deputy of [name] Sheriff of the said State, as the case may be] and that the said Sheriff [or Deputy Sheriff as the case may be] was guilty of partiality [or fraud, or wilful misconduct] in returning the said panel.

Dated this ........................... day of ..........................., 20......................

__________

67.

Challenge to Poll for Cause.-s. 956

(Heading as in No. 65.)

The Director of Public Prosecutions [or the said prosecutor or accused as the case may be] challenges [name of Juror] on the ground that his or her name does not appear in the Jurors' Book [or that he or she is not indifferent between the Crown and the said [name of accused or as the case may be].

Dated, etc.

[Signed] Director of Prosecutions

[or] Prosecutor [or] Accused.

__________

68.

Denial of Challenge.-s. 955

(Heading as in No. 65.)

I, Director of Public Prosecutions [or the accused] [or as the case may be] deny the truth of the matters alleged as cause of challenge of [Juror's Name].

Dated, etc.

[Signed]

[As in preceding Form No. 67.]

__________

69.

(a)

Oath to Officer in Charge of Juror going Out.

You shall attend this juror during his or her absence from Court and shall not suffer any person to speak to him or her, neither shall you speak to him or her yourself, unless it be to require him or her to return to Court.

So help me God.

(b)

Oath to Officer in of Jury on Adjournment or Retirement to consider Verdict.-ss. 973, 976

You shall keep this Jury in the place provided for the purpose and shall not suffer any person other than an officer of the Court to speak to them, neither shall you speak to them yourself touching or concerning this trial.

So help you God.

__________

70.

(a)

Oath on the voir dire.-s. 958

I swear by Almighty God that I will truly answer all such questions as the Court shall demand of me.

(b)

Oath of Person Trying Challenge.-s. 958

I swear by Almighty God that I will well and truly try whether (Name of Juror), one of the jurors, stands indifferent between the prosecution and the accused and a true verdict give according to the evidence.

(c)

Oath of Witness on Trial of Challenge.-s. 958

I swear by Almighty God that the evidence which I shall give to the Court and Triers shall be the truth.

__________

71.

Indictment by the Director of Public Prosecutions.-ss. 809, 847

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

(Date of first day and Month of the Sitting)

SESSIONS, 20.

The Crown

Prosecutor.

(Name, etc. of the Accused)

Accused.

The Director of Public Prosecutions, presents that the accused on [date] at [place] in this State [state charge] contrary to section of the Criminal Code [or other statute as the case may be].

[Where there are more counts than one, add]:

SECOND COUNT

And the Director of Public Prosecutions further presents that the accused at the time and place aforesaid [or any other day or place as the case may be, and state charge].

THIRD COUNT

And the Director of Public Prosecutions further presents that [etc., as in Second Count, and similarly for any other additional counts].

[Signed]

Director of Public Prosecutions.

Note.-An indictment may conveniently be prepared on a double sheet

of foolscap printed or written right across the double sheet with a margin of at

least ¼ on the left hand side, and after being folded double it may be

endorsed across as follows-

(Heading as in No. 65.)

_____________________________

CHARGE.

[State nature of offence charged in

each count, e.g., stealing, wounding,

or as the case may be, each offence

in a separate line with a number

before it if more than one].

_____________________________

[Month] SESSIONS, 20.

_____________________________

_____________________________

Accused [in correctional facility or bail].

_____________________________

Witnesses for the Crown.

1. Name and residence.

2. Name and residence

And similarly for any other.

_____________________________

Return of Service of Indictments.-s. 847

Same Form as No.60 except that “Service of Indictments” is to be substituted for “Summonses to Jurors” in the heading, and “Accused” for “Juror” in first column.

___________

72.

Indictment by Private Prosecutor

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

(Date of first day and Month of the Sitting)

SESSIONS, 20.

The Crown

Prosecutor.

(Name, etc. of the Accused)

Accused.

The said prosecutor presents that the accused on [etc. As in No. 71.]

[Signed]

Prosecutor.

[or] Counsel for the Prosecutor.

Note.-See Note to No. 71 as to preparing and endorsing.

Director of Public Prosecution's Certificate of Refusal to Prosecute to be Indorsed on Indictment by Private Prosecutor.-s. 843

This is to certify that I have seen the within indictment and decline to prosecute at the public instance.

Dated, etc.

[Signed]

Director of Public Prosecutions

__________

73.

Charge: Examples of the Manner of stating Offences.-ss. 809, 847

Causing Harm with Intent.

The [etc.] presents that the accused on [time and place] with intent to hinder the lawful arrest or detention of A., [or C.] cause harm to B. [or D.], contrary to section, etc.

Libel.

The [etc.] presents that the accused [time and place] published a defamatory libel concerning W.Y., in the form of a letter addressed to J.B., which said letter contained the following defamatory matters concerning the said W.Y., contrary to section, etc.-

1. Do you know that about the year 1886 your friend W.Y. was in the employ of L. and J. and that his or her accounts were found to be all wrong? [meaning thereby that W.Y. was guilty of acts of dishonesty and falsification of accounts whilst he or she was in the employ of L. and J.

2. As soon as his or her defalcations were discovered and a warrant was applied for he or she fled to [meaning thereby that the said W.Y. was a fugitive from justice].

3. Sometime after this he or she appears to have returned to for he or she was found to be keeping a disorderly house in the [meaning thereby that he or she said W.Y. had committed the criminal offence of keeping a disorderly house].

(See Form No. 78 for Notice of Plea of Justification to the foregoing Form for Libel.)

The [etc.] presents that the accused on the ........................... day of, 20, at published an international libel on B, in a certain newspaper called which libel was contained in an article headed or commencing [describe with so much detail as is sufficient to give the accused reasonable information as to the part of the publication to be relied on against him or her] and which libel was written in the sense of imputing that the said B. was [as the case may be], contrary to section ..........................., etc.

Murder.

The [etc.] presents that the accused on the [time and place] murdered B., contrary to section ........................... of the Criminal Code.

Obtaining Goods by false Pretences.

The [etc.] presents that the accused on [time and place] obtained by false pretences from B. a horse, a cart, and the harness of a horse, contrary to section ........................... etc.

Perjury.

The [etc.] presents that the accused on the ........................... day of ..........................., 20, on the trial of B. for the robbery of C. at the sitting of the Supreme Court (Criminal Jurisdiction) held at Castries, with intent to procure the conviction of B. for an offence punishable with imprisonment for more than 3 years, namely, robbery, by swearing, first, that the accused saw B. at Dennery on the day of 20 ; secondly, that B. asked the accused to lend B. money on a watch belonging to C.; thirdly, etc., committed perjury, contrary to section ..........................., etc.

Or,

The [etc.] presents that the accused on the ........................... day of ..........................., 20, on the trial of B. at a District Court held at Vieux Fort on the day of, 20, for an assault alleged to have been committed by the said B. on C. at Micoud, by swearing to the effect that the said C. at Micoud by swearing, first, that the accused saw B. asked the accused to lend B. money on a watch belonging to C.; thirdly, etc., committed perjury, contrary to section ..........................., etc.

Stealing.

The [etc.] presents that the accused on the [time and place] stole a sack of flour from the ship called the ..........................., contrary to section, etc.

__________

74.

Recognizance by Private Prosecutor.-s. 843

SAINT LUCIA.

I [name, etc.] do hereby bind myself to attend at the Supreme Court in its criminal jurisdiction at Castries on ........................... day the ........................... day of, 20, at ..........................., to prosecute by indictment a charge of ........................... against [name, etc., of accused] and to pay such costs as may be ordered by the Court, and in case of default I bid myself to forfeit to the Crown the sum of $ ............................

Dated at ........................... this ........................... day of ..................., 20.

[Signed]

Prosecutor.

[Signed]

Registrar of the High Court.

Obligation of Sureties, if Any.

Same as in No. 1, except that “prosecutor” is to be substituted for “accused” and to be signed before the Registrar or as the case may be.

__________

PLEAS AND OBJECTIONS.

75.

Notice of Intention to apply to quash Indictment.-s. 855

(Heading as in No. 65.)

To the Director of Public Prosecutions

Take notice that the accused intends to apply at the trial to have the indictment herein quashed [state grounds, each to be stated separately and number or lettered if more than one.]

Dated, etc.

[Signed]

Accused.

[or] Counsel for the Accused.

__________

76.

Notice of Intention to Object.-ss. 855, 862

(Heading as in No. 65.)

To the Director of Public Prosecutions

Take notice that the accused intends at the trial to object [state objection and grounds if any, each to be numbered or lettered].

Dated, etc.

[Signed]

Accused.

[ o r ] Counsel for the Accused.

__________

77.

Notice of Intention to Plead Special Plea.-ss. 855, 865

(Heading as in No. 65)

To the Director of Public Prosecutions

Take notice that the accused intends at the trial to plead that the accused has already, namely on etc. at the ........................... Court at ........................... been lawfully [acquitted [or] convicted] of the offence with which charged [or] of [state the offence the accused has already been acquitted or convicted of so as show that the acquittal is a bar to a prosecution on the present charge] [or] that on [state date] the Crown [or] the Governor-General on behalf of the Crown [or as the case may be] granted the accused a free pardon for the offence with which charged.

[or] the alleged defamatory matter is true and was published for the public good.

PARTICULARS
1. 1. On the ........................... day of ..........................., 20, W.Y. received the sum of from T.S. and on the ........................... day of ..........................., 20, W.Y. received the sum of $....................... from C.F., and the sum of $........................... from W.D., on behalf of his or her employers, L. and J., which he or she fraudulently omitted to enter in their books or to account for in any way.
1. 2. On the day of, 20, soon after W.Y.'s defalcations were discovered and a warrant was applied for against him or her upon charges of stealing his or her employers' money and falsifying their books, W.Y. left ........................... on a ship called ........................... bound for
1. 3. On the ........................... day of ........................... and on other days in the year ........................... W.Y. kept a house at ........................... for the purpose of betting, contrary to
1. 4. The accused says it was for the public good that the defamatory matters charged in the said indictment should be published by reason of the fact that W.Y. was at the time of the publication thereof a candidate for the public office of member of the Council.

Dated [etc., as in No. 75.]

__________

78.

Notice of Plea of Special Defence.-s.864

(Heading as in No. 65)

To the Director of Public Prosecutions ........................... [as the case may be.]

Take notice that the accused intends at the trial to plead [state special defence], the particulars of which as to time, place and witnesses by which it is proposed to prove it being as follows-

Time.

Place.

Witnesses [name, address and occupation, numbering each].

Dated [etc., as in No. 75.]

__________

79.

Special Plea.-ss. 865, 870, 891

(Heading as in No. 65)

The accused says that the Court ought not to take cognizance of the indictment herein because [state the matter of the plea, see Form 77] as stated in the notice of the plea given by the accused herein to the [Director of Public Prosecutions or Prosecutor] and dated etc.

[Signed]

Accused.

The above with the necessary variations may be adapted for a plea of autrefois acquit or convict or pardon.

A plea of justification may be as follows-

__________

80.

Plea of Justification.-s. 891

(Heading as in No. 65)

The accused says that he or she is not guilty and for a further plea says that all the defamatory matters alleged in the indictment are true, and that the particulars thereof have been stated in the notice of plea given [etc. as in preceding Form No. 79.]

__________

81.

Release by Director of Public Prosecutions.-ss. 650, 774, 775

(Heading as in No. 65)

To The Correctional Officer

I hereby direct the release of the accused.

Dated, etc.

Director of Public Prosecutions

__________

82.

Stay of Proceedings.-s. 651

(Heading as in No. 65)

I hereby direct the Registrar to make in the Crown Book an entry that the proceedings herein are stayed by my direction.

Dated, etc.

Director of Public Prosecutions.

__________

SUPREME COURT SITTINGS AND TRAILS.

TRIAL OF INDICTMENTS.

83.

Dated this ........................... day of ..........................., 20.

[Signed]

Chief Justice

Note.- If signed by a proper officer of the Court by order it may be signed.

By order [or] By order of the

Chief Justice.

[Signed]

Registrar of the High Court.

__________

84.

Dated this ........................... day of ..........................., 20.

[Signed]

Registrar of the High Court.

[or if by the Deputy]

Deputy Registrar of the High Court

__________

85.

Taken this ........................... day of ..........................., 20.

[Signed]

Chief Justice

Note.- Same as to No. 84.

__________

86.

Taken and sworn this ........................... day of ..........................., 20.

[Signed]

Chief Justice

Note.- Same as to No. 84.

__________

87.

Bench Warrant.-s.876

(Heading as in No. 65.)

To all Police Officers

Whereas an indictment has been presented in this Court against the accused for having on [state charge].

And whereas the accused having been committed for trial and held to bail to appear before this Court to plead to any indictment against the accused and to be tried for the same does not appear.

This is to command you to arrest and bring the said accused before this Court, if sitting or, if not, before the Magistrate of the First District Court.

Dated [etc., as in No. 83].

__________

88.

Certificate of Indictment having been Preferred.-s.876

(Heading as in No. 65.)

I hereby certify that a sitting of the High Court in its Criminal Jurisdiction held on the ..................... day of, 20, an indictment was preferred by the Director of Public Prosecutions against the accused for that the accused on [state charge] and that the said accused has not appeared or pleaded to the said indictment.

[Signed] ...................................................................................... Registrar.

__________

89.

Warrant to Arrest Indicted Accused.-s.876

(Heading as in No. 65.)

To all Police Officers

Whereas the Registrar of the High Court has certified that at a sitting [etc., as in preceding Form No. 88.]

This is to command you to arrest the accused and to bring him or her before the First District Court to be dealt with according to law.

Dated [etc. as in No. 8.]

__________

90.

Proof of Identity of Arrested Indicted Accused.-s.876

(Heading as in No. 65.)

(Name, etc., of deponent) sworn states that the accused now here present is the same person who is charged and named in the indictment referred to in the certificate of the Registrar of the High Court herein.

Taken and Sworn [etc., as in No. 8]

__________

91.

Warrant of Commitment on Arrest of Indicted Accused.-s.876

(Heading as in No. 66.)

To all Police Officers

Whereas the accused has been arrested for not appearing and pleading to an indictment in the High Court on the ........................... day of ..........................., 20.

This is to command you to convey the accused to the Correctional Facility there to be kept in custody until trial or discharge by due course of law.

Dated [etc., as in No. 8]

Note.- If accused is bailed Form No. 1 can be adapted to appear before High Court.

__________

92.

Warrant to Detain Indicted Accused in Custody has certified- s. 876 that at a sitting [etc., as in No. 88.]

(Heading as in No. 66.)

To the Correctional Officer

Whereas the Registrar of the High Court has certified that a sitting [etc., as in No. 88.]

And whereas [name, etc.] has made oath before me that the accused is confined in a correctional facility for some other offence.

This is to command you to detain the accused in custody until trial on the said indictment or discharge by due course of law.

Dated [etc., as in No. 8.]

__________

93.

Order for Protection of an Inmate for Trial.-s.783

(Heading as in No. 65.)

It is hereby ordered that the Correctional Officer do cause the accused against whom an indictment for has been preferred in the said Court and who is now confined in the Correctional Facility for some other cause to be brought before the said Court in Castries, on ........................... day the ........................... day of ..........................., 20, and as often as may be required for the purpose of the trial on the indictment.

Dated, [etc., as in No. 84.]

__________

94.

Arraignment.-s. 887

The proper officer may address the accused as follows-

A.B. [and C.D.]. You stand charged for that you on [etc. stating charge in the indictment to the accused, using the second person plural instead of the third person and repeating the names of each accused as to anything alleged against such accused to the exclusion of others].

How say you, are you guilty or not guilty?

If more than one accused each is to be addressed-

How say you [name], are you guilty or not guilty?

And so on.

Previous Convictions.

Note.-A count charging a previous conviction is not to be stated to the accused, nor is he or she to be required to plea to it, nor is it to be mentioned when the accused is given in charge to the jury, except as provided by s. 889.

__________

95.

Statement to Accused of Right to Challenge on Plea of

Not Guilty. ss. 956, 964

The proper officer may address the accused as follows-

A.B. [and C.D.] These good men and women whom you will now hear called are the jurors to decide between the Crown [or the prosecutor as the case may be] and you upon your trial.

If therefore, you wish to challenge any other, you must do so before he or she takes his or her seat in the box but not afterwards.

__________

96.

Direction to Jurors to take the Box.

Ladies and Gentlemen of the Jury, answer to your names and take the box as you are called.

__________

97.

Oath to Jury to Try if the Accused is unfit to Plea or take

his or her Trial.-ss. 1018, 1019

You shall diligently inquire and truly present, whether [name or accused] who stands indicted for be ........................... [capable of understanding the proceedings, or mentally ill] or not, and a true verdict give according to the best of your understanding.

So help you God.

__________

98.

After the Oath has been taken the proper officer shall add: Ladies and Gentlemen, choose your foreperson.

__________

99.

Order on Finding that Accused is Incapable or Mentally Ill or on

Special Verdict.-s. 1019

(Heading as in No. 65.)

Whereas the accused having been indicted for having on [state charge] the jury empanelled to try [the capacity of the accused to understand the proceedings at trial, [or] the sanity of the accused [or] the indictment] have found that the accused [is not so capable [or] is mentally ill [or] committed the act [or] made the omission] charged, but was mentally ill at the time he or she [did [or] made the same].

It is, therefore, ordered that the accused be detained in custody in the until the Governor General's pleasure shall be known.

Dated [etc. as in No. 83].

__________

100.

Oath to Jury or Oath or Affirmation of Juror to try Indictment.-ss. 949 – 951

(See Nos. 61-63 and No. 98.)

__________

101.

Giving Accused in Charge to Jury.-s. 893

Gentlemen of the Jury, the inmate stands indicated by the name of for that he or she on the

Upon this indictment he or she has been arraigned, and upon his or her arraignment he or she has pleaded that he or she is not guilty: Your charge, therefore, is to inquire whether he or she is guilty or not and to hearken to the evidence.

__________

102.

Charging Previous Conviction on Conviction on other

Part of Indictment.-s. 897

[Name of Accused], You have been convicted [in the case of a plea of guilty say on your own confession] of [state charge on which convicted] You are also charged that on [etc, state previous conviction] what say you, Have you been so convicted or not?

__________

103.

Notice of Intention to Prove Previous Conviction.-s. 898

(Heading as in No. 65.)

To the Accused

Take notice that at the proper time in the event of your pleading guilty or being found guilty proof of the following previous conviction against you will be given if you deny the same, viz.

Conviction in the ........................... Court at ........................... on, etc., for [state charge and punishment.]

__________

104.

Warrant to Detain Accused on Adjournment-s. 878

(Heading as in No. 65.)

To all Police Officers

Whereas an indictment has been presented that the accused on [etc. state charge]

And whereas the hearing of the said indictment has been adjourned to the ................... day of ..........................., 20, at ........................... m.

This is to command you [etc. as in No. 30.]

Dated [etc., as in No. 100].

__________

105.

Recognizance for Appearance of Accused.-s.880

(Heading as in No. 65.)

I the undersigned accused [etc. as in No. 1].

To attend at the High Court at [etc. as in No.1]

Dated at Castries this, etc.

[Signed]

Accused.

[Signed]

Chief Justice

[or as the case may be]

Obligation of Surety, if any.

[I or We] [etc. as in No. 1]

Dated at [etc. as in No. 1].

[Signed]

Surety.

Dated at [etc. as in No. 1].

[Signed]

Surety.

[Signed]

Chief Justice

[or as in No.83.]

__________

106.

Recognizance of Witness to Appear.-s.880

(Heading as in No. 65)

The accused stands charged with having on [etc. state charge]

And whereas the hearing of the said charge has been adjourned to the day hereinafter stated.

I, the undersigned witness, namely, [name, etc. of witness], hereby bind myself to [etc. as in No. 1].

To attend the sitting of the Supreme Court at [etc. as in No. 1]

Dated at [etc., as in No. 1].

[Signed]

Witness.

[Signed]

Chief Justice

[or as the case may be, see No.83.]

Obligation of Sureties, if Any.

[I or We] etc., as in preceding form No. 106 and in No. 1, but substituting “witness” for “accused.”

__________

107.

Order for Production of an Inmate as a Witness.-s. 791

(Heading as in No.65.)

It is hereby ordered that the Correctional Officer do cause [name of witness] who is now confined in the Correctional Facility to be brought before the said Court in at the hour ..........................., on ........................... day, the for purpose of evidence for the [Crown [or] Accused].

Dated [etc., as in No. 83].

__________

108.

Summons to Witness in Criminal Case.-ss. 792, 793

(Heading as in No. 65.)

To [name, etc. of witness].

You are hereby summoned to appear before the High Court, at the Court House, in the City of Castries, on ........................... day, the ........................... day of, 20, at the hour of 10:00 a.m. of the same day, then and there to testify the truth and give evidence on behalf of the upon an indictment against the accused for and, until you shall have so testified depart not the said Court without leave. And this, you are by no means to omit, under a penalty of $120.

Dated the ........................... day of ..........................., 20.

Registrar of the High Court

Return of Service
Name of Witness On whom and where When served. By whom served

__________

109.

Warrant to Arrest Witness in Criminal Case.-s. 907

(Heading as in No. 65.)

To all Police Officers

Whereas the accused stands indicted for having on [state charge].

And whereas it appears that [name, etc. of witness] a material witness entered at the preliminary inquiry into a recognizance to appear at the trial of the said indictment and has failed to appear [or remain in attendance].

[Or] And whereas a summons has been issued to [name of witness], a material witness to appear before this Court as a witness on the [date], and the said witness has neglected [to appear or to remain in attendance] in obedience to such summons, and oath has been made of the service of the said summons.

This is to command you to arrest and bring the witness before this

Court.

Dated [etc., as in No. 83].

__________

110.

Allocutus.-s. 999

[Name of Accused.] You have been convicted [in the case of a plea of guilty say, “on your confession”] of murder or stealing, or piracy, or forgery [or as the case may be, describing the offence by the name by which it is commonly known, or otherwise so as sufficiently to describe it]. Have you anything to say why judgment [in a capital case say “of death”] should not be pronounced upon you according to law?

__________

SUMMARY TRIAL OF CHILD OR YOUNG PERSON.

111.

Notice to Parent or Guardian of Child charged with

Indictable Offence.-s. 777

(Heading as in No. 7.)

To [Name, etc., of Parent or Guardian]

The accused has been charged with having on [etc., state charge], and has been remanded until the sitting of the said Court at ........................... on the ........................... day of ..........................., 20 : And it has been alleged that you are the [parent [or] guardian] of the accused: If you desire that the accused be tried by a Jury, and object to the case being dealt with summarily, you must attend at the hearing of the complaint before the said Court on that day.

Dated [etc., as in No. 8].

__________

112.

Summary Conviction of Child for Indictable Offence.-s. 777

(Heading as in No. 7.)

The defendant, being a child within the meaning of the Criminal Code, and above the age of 8 years, and of sufficient capacity to commit crime, and having been charged with having on the [state charge].

And [name] the [parent or guardian of the defendant] having been informed by the Court of his or her right to have the defendant tried by a Jury, and not having objected to the case being dealt with summarily, and the Court thinking it expedient so to deal with the case [or “not having been present at the hearing of the charge, but the Court thinking it expedient that the case be dealt with summarily”], the defendant is this day convicted before the said Court of the said offence.

Dated [etc., as in No. 8].

__________

113.

Order of Dismissal of Child dealt with Summarily for

Indictable Offence.-s. 777

(Heading as in No. 7.)

The defendant, being a child within the meaning of the Criminal Code, and having been charged with having on [state charge].

And the Court, in the exercise of its jurisdiction, has dealt with the case summarily.

And the matter of the said charge having been duly considered by the Court, it manifestly appears to the Court that the said charge is not proved:-

Therefore the Court hereby dismisses the complaint.

[If compensation or costs be adjudged add]:

And it is ordered that the complaint do pay to the sum of for [compensation [or] costs [or] as the case may be], [forthwith [or] on or before the ....................................... day of ..........................., 20.]

And if default is made, it is ordered that the complainant be imprisoned for the term of

Dated [etc., as in No.8].

__________

114.

Summary Conviction (by Consent) of Young Person for

Indictable Offence.-s. 778

(Heading as in No. 7.)

The defendant, being a young person within the meaning of the Criminal Code, and having been charged with having on [state charge]: And having been informed by the Court of his or her right to be tried by a Jury, and having consented to be dealt with summarily, and the Court thinking it expedient so to deal with the case:- The defendant is this day convicted before the said Court of the said offence, and it is adjudged that the defendant [do [or] be] [state terms of punishment].

[If any alternative punishment is ordered, insert either in addition to or in substitution for any other punishment].

Dated [etc., as in No. 8].

__________

115.

Order of Dismissal of Young Person dealt with Summarily for
Indictable Offence.-s.778

(Heading as in No. 7.)

The defendant, being a young person within the meaning of the Criminal Code, and having been charged with having on the ........................... day of ..........................., 20, at ........................... And having been informed by the Court of his or her right to be tried by a Jury, consented to be dealt with summarily, and the Court thought it expedient so to deal with the case: And the matter of the said complaint having been duly considered by the Court, it manifestly appears to the Court that the said charge is to proved: Therefore the Court hereby dismisses the said complaint.

[If compensation or costs be adjudged add]:

And it is ordered that the complainant do pay to the defendant the sum of ........................... for [compensation [or] costs] [or as the case may be], [forthwith [or] on or before the etc.].

And if default is made, it is ordered that the complainant be imprisoned for the term of

Dated [etc., as in No. 8].

__________

SUMMARY OFFENCES. PROCEEDINGS BEFORE A MAGISTRATE.

TRANSFER OF CASE.

116.

(Heading)

SAINT LUCIA.

IN THE ........................... DISTRICT COURT (SUMMARY OFFENCES).

[name, residence, and occupation]

Complainant.

[name, residence, and occupation]

Defendant.

NOTE.- By substituting “indictable” for “summary” in the heading, the Forms in this part for summary offences may be used in indictable cases instead of the corresponding forms for indictable offences, especially 4 to 38.

__________

117.

Warrant to Convey before Magistrate of Another District.-ss. 660, 782

(Heading as in No. 116.)

To all Police Officers

Whereas complaint [etc., as in No. 14 but substituting 'defendant' for 'accused' wherever it occurs].

__________

PROCEEDING TO COMPEL APPEARANCE OF

DEFENDANT OR WITNESS.

118.

Complaint without Oath.-ss. 661-670

(Heading as in No. 116.)

The complainant states that the defendant [etc. as in No. 15.]

__________

119.

Complaint upon Oath.-s. 661-670

(Heading as in No. 116.)

The complainant on oath [of name, etc., of witness if a witness make oath] states that the defendant on [etc., as in No. 16].

__________

120.

Notice of Application for Order on Magistrate to Entertain Complaint.-s. 672

(Heading as in No. 116.)

To His or Her Worship the Magistrate of the said District

Take notice that application will be made to the judge in chambers on the ........................... day of ........................... at the hour of.m., on behalf of the complainant for an order on you to entertain, hear and determine the complaint herein which you have refused to do.

Dated, etc.

[Signed as in No. 15.]

__________

121.

Order for Production of an Inmate to answer Charge.-s. 673

(Heading as in No. 116.)

It is hereby ordered that the Correctional Officer do cause the defendant [etc., as in No. 216.]

__________

122.

Summons to Defendant.-s. 673

(Heading as in No. 116.)

To the Defendant.

Complaint has been made [etc., as in No. 18.]

__________

123.

Warrant to Arrest Defendant in First Instance.-s. 676

(Heading as in No. 116.)

To all Police Officers

Whereas complaint [etc., as in No. 19, but substituting “defendant” for “accused” throughout].

NOTE.-For Recognizance to Appear, See No. 1.

__________

124.

Warrant to Arrest Defendant after Summons.-ss. 688, 690

(Heading as in No. 116.)

To all Police Officers

Whereas complaint [etc., as in No. 20, but substituting “defendant” for “accused” throughout].

NOTE.-For Recognizance to Appear. - See No. 1. For Warrant to Arrest where Defendant on Bail has Absconded (See s. 606), heading as in No. 116 and form as in No. 24, but substituting “defendant” for “accused” throughout.

__________

125.

Notice of Hearing to Complainant.-s.690

(Heading as in No. 116.)

To the Complainant.

Take notice that the defendant herein having been arrested, the hearing of the complaint herein has been fixed for ........................... day, .................... the ........................... day of ..........................., 20, in the ........................... noon.

Dated [etc., as in No. 8].

__________

126.

Order for Production of an Inmate Witness.-s. 679

(Heading as in No. 116.)

It is hereby ordered [etc., as in No. 33, but substituting “defendant” for “accused.”]

__________

127.

Summons to Witness.-ss.792, 793

(Heading as in No, 116)

Complaint has been made [etc., as in No. 34 substituting “defendant” for “accused” throughout.]

__________

128.

Warrant to Arrest Witness in First Instance.-s. 795

(Heading as in No. 116)

[Same form as No. 36 but substituting “defendant” for “accused” throughout.]

Note.- For recognizance of witness bailed [s. 606 ] adapt No. 106 heading as in No. 7. And form as in No. 107, but substituting “District” for “Supreme Court” throughout.

__________

129.

Warrant to Arrest Witness after Summons.-s. 794

(Heading as in No. 116.) [Same form as No. 37, but substituting “defendant” for “accused” throughout.]

__________

130.

Warrant to Commit Refractory Witness.-s. 907

(Heading as in No. 116.)

[Same form as No. 37, but substituting “defendant” for “accused” throughout.]

__________

131.

Warrant to Discharge Refractory Witness from Correctional Facility.-s. 907

[Same Form as No. 34 but substituting “defendant” for “accused” throughout.]

__________

132.

Recognizance for Appearance of Defendant where the Case is Adjourned.-s. 686

(Heading as in No. 116.)

The undersigned defendant [etc., as in No. 1, but substituting “defendant” for “accused” throughout.]

__________

133.

Notification to be made to Defendant and Surety on Entering into Recognizance on Adjournment _s. 686.

(Heading as in No. 116.)

Take notice that you [defendant's name] are bound as principal in the sum of .............. and you [name], as surety severally in the sum of ........................... that the defendant personally appear at ........................... m., on ........................... day the ........................... day of ...........................,..........................., at ........................... before the said District Court, and at every time and place to which during the course of the proceedings the hearing is adjourned or at an earlier time if so required, unless otherwise directed, to answer further to the complaint herein.

__________________

134.

Warrant of Commitment of Defendant for Safe Custody during an

Adjournment. _ss. 686, 689

(Heading as in No. 116)

__________________

135.

Warrant of Commitment on Further Remand of Person in Custody unable to

Appear through Illness or otherwise. __s. 689.

(Heading as in No. 116)

To the Correctional Officer [etc., as in No. 5, but substituting “defendant” for “accused” throughout]. Note. ___ For remand by proper officer in magistrate's absence form No. 135 may be used.

__________________

PROCEDURE ON PARTIES APPEARING.

136.

Notice of Special Defence _s. 864.

(Heading as in No. 116.)

To the Complainant.

Take notice that the defendant [etc., as in No. 78].

[Note.__If the plea is oral the like information must be given.]

__________________

PROCEEDINGS AS TO JUDGEMENTS AND ORDERS

137.

Minute of Order of Dismissal of Complaint.__s. 712.

[The magistrate may note the decision as follows, or otherwise as he or she thinks proper, and as the case may be, stating the terms concisely.]

Dismissed. [Adding such further minute as to compensation, costs or otherwise, if any, adjudged to be paid by either party, stating the amount, and if forthwith or by instalments, and the imprisonment in default or otherwise, as the case may be, e.g, complainant to pay to Defendant, etc., [or] Defendant to pay to Complainant, etc.]

__________________

138.

Certificate of Dismissal of Complaint.__s. 712.

(Heading as in No. 116.)

This is to certify that the charge against the defendant herein for having on [etc., state charge] was heard and determined by the said Court sitting at ........................... and dismissed on the [date]

[Signed]

[As in No. 8.]

__________________

139.

Minute of Order against Defendant.__s. 714

[If a penalty.] Convicted. To pay [state amount and whether for fine or for costs or for compensation or damages, and how to be paid, whether forthwith or by instalments, and the imprisonment in default.

[If any costs, add]. [Costs [amount] to be paid by [state by and to which party and how and when as indicated above] and in default additional imprisonment for [state period] or as the case may be].

[If imprisonment only.] Convicted. To be imprisonment for [state period].

__________________

PROCEEDINGS ON NOTICE OF APPEAL AND SUBSEQUENTLY IN THE DISTRICT COURT

140.

(Heading)

[Name, etc.]

Appellant.

Respondent.

[Name, etc.]

__________________

141.

Notice of Appeal.__ss. 724, 727, 730

[And of Reasons for Appeal.]

(Heading as in No. 140.)

To the Clerk of the said Court.

I, [name, etc.] hereby give you notice of appeal to the Court of Appeal against the decision of the said District Court in the above cause pronounced on the ........................... day of ........................... 20.

[If the reasons for appeal are embodied in the notice of appeal, add] And I hereby further give you notice that my reasons for appeal are as follows -

[Here set out the reasons for appeal, numbering them, if more than one.]

Dated. etc.

[Signed]

Appellant

[or] Counsel or Solicitor for

Appellant.

[If an appellant signs by a mark, the mark should be verified by at least one witness who must sign his or her, the witness's name.]

__________________

142.

Note. __ If the grounds for appeal are not in the notice of appeal they may be separate as follows__

Notice of grounds of Appeal.__ss. 727, 730. (Heading as in No. 140.)

To the Clerk of the said Court.

I, [name, etc.] having appealed from the decision in this cause, hereby give you notice that my grounds of appeal are as follows __

[Here set out the grounds of appeal, numbering them if more than one.]

Dated, etc.

[Signed]

[As in preceding Form No. 141.]

[If an appellant signs by a mark, the mark should be verified by at least one witness who must sign his or her, the witness's, name.]

__________________

143.

Notice of Special Grounds of Appeal. __s 730.

(Heading as in No. 140.)

To [name of respondent].

I hereby give you notice of the following special grounds of appeal, namely_

[Here set out the grounds, numbering them if more than one.]

Dated, etc.

[Signed] [As in No. 141]

__________________

144.

Notice by Clerk of District Court of Notice of Appeal

having been given.__s.726

(Heading as in No. 140.)

To [name of respondent ].

I hereby give you notice that notice of appeal has been given in this cause by [state name of appellant].

Dated, etc.

Clerk of the said

District Court.

__________________

145.

Recognizance on Appeal to the Court of Appeal. ___s. 733.

(Heading as in No. 140.)

I, the undersigned [name], appellant hereby bind myself to prosecute an appeal to the High Court from the decision of the said District Court pronounced herein on the ........................... day of ..........................., and to satisfy any judgement which may be pronounced against me in the Court of Appeal in respect of the said appeal, including the payment of all costs and otherwise, and in all other respects to abide the result of the said appeal.

Dated at, etc.

[Signed]

Appellant

Obligation of Sureties, if Any.

As in No. 1, but substituting “appellant' for 'accused”

__________________

146.

Warrant to Release Appellant from custody on giving Security. __s. 765.

(Heading as in No. 140.)

To the Correctional Officer

The appellant [name, etc.] who is now in your custody, having given satisfactory security for the prosecution of the appeal herein, you are hereby commanded to discharge the said appellant unless he or she shall be in your custody for some other cause.

Date [etc., as in No. 8].

__________________

147.

Transmission of Appeal Proceedings. __s 739.

(Heading as in No. 140.)

Order appealed against dated the day of, 20.

This is to certify that the record of the proceedings herein transmitted to the Supreme Court are as follows, and that such as are not originals are true copies or extracts, namely__

Complaint and plea.

Notes of evidence.

Adjudication [copy of minute or memorandum of conviction or order].

Judgement or memorandum of reasons.

Notice of appeal.

Notice of grounds of appeal.

Recognizance.

Other documents, viz.__

[enumerate and describe these ].

List of Witnesses.

For complaint ............................ For Defendant.

1. [Name.] ....................................... 1. [Name.]

[add numbers and names of ........................... [add numbers and names of

any others.] ........................... any others.]

Dated, etc.

[Signed]

Clerk of the said

District Court.

Note. __ This certificate can conveniently be on a page of foolscap to which the proceedings may be attached. If any document above indicated is not of record and “(none)” after it, e.g., if there is no recognizance the security being by deposit add “ (none)” after “recognizance” or strike it out, if the certificate is a printed form.

__________________

148

Notice of Appeal Sitting. __ s. 736.

(Heading as in No. 140.)

To the Appellant and to the Respondent.

Take notice that the appeal herein will come on for hearing at the sitting of the Court of Appeal in Castries commencing on the [date].

Dated. etc.

[Signed]

Clerk of the said

District Court.

Return of Service.

Note. ___ This may be the same form as in No. 108, but substituting “party” for “Witness” in fist column.

__________________

SUMMARY OFFENCES. PROCEEDINGS IN THE COURT ON APPEAL.

PROCEEDINGS RESPECTING THE HEARING OF APPEALS.

149.

SAINT LUCIA

IN THE COURT OF APPEAL

(On Appeal from the ........................... District Court.)

[Name]

Appellant.

[Name]

Respondent.

__________________

150.

Notice of Intention to apply to Adduce Evidence at Appeal

Hearing. __s. 748.

(Heading as in No. 149.)

To the [Appellant [or] Respondent.]

Take notice that the [appellant or respondent] intends to apply that [evidence [or] further evidence] be adduced at the hearing, because [state reasons].

[Signed]

Appellant [or] Respondent.

__________________

151.

Certificate of Appellant's Default in Prosecuting Appeal._s.759.

Heading as in No. 149.)

To the Clerk of the said District Court.

This is to certify that the appellant has made default in duly prosecuting the appeal.

Dated, etc. Registrar of the Supreme Court.

__________________

152.

Certificate of Costs in appeal. _ 757, 758.

(Heading as in No. 149.)

To the Clerk of the said District Court.

This is to certify that the [respondent [or] appellant [or] as the case may be] was ordered to pay costs [amounting to ] to

Dated. etc.

Registrar of the High Court.

__________________

153.

Certificate of Judgement of the Court of Appeal. __s.760.

(Heading as in No. 149)

At a sitting of the Court held the ........................... day of

20__, the Court in the matter of the above appeal, ordered that the Magistrate's judgement be [confirmed [or] reversed [or] varied as follows:]

And that the [respondent [or] appellant] do pay to the [respondent [or [appellant] the sum of ........................... for costs.

Registrar of the High Court.

__________________

154.

Application to state Case. __ ss. 763, 768.

(Heading as in No. 116)

To the Magistrate of the said District.

You are hereby required to state a case for the opinion of the Court of Appeal on the following point of law, namely.

[state the point]

Dated, etc.

[Signed] Complainant [or] Defendant [or] Director of Public Prosecutions.

__________________

155.

Recognizance by Applicant for Case. __ s. 764.

Same form as in No. 145.

__________________

156.

Case Stated. __ No. 763.

(Heading as in No. 116)

IN THE ........................... DISTRICT COURT held at Case for the opinion of the Court of Appeal stated on the application of the [Complainant [or] Defendant [or] the Director of Public Prosecutions, or as the case may be].

(Heading as in No. 140.)
1. 1. This is a case in which the defendant was charged with having on [etc., state charge.] Case.
1. 2. Upon the hearing which took place on the [state date or dates] the following facts were [admitted [or] proved] before me. [Here set out in regular sequence and in numbered paragraphs, such facts as were admitted in or found by the District Court.]
1. 3. For the complainant it was contended that. etc.
1. 4. The complainant cited [Here state the authorities or cases with references.]
1. 5. For the defendant it was contended that, etc.
1. 6. The defendant cited [Here state the authorities or cases with references.]

Opinion.
1. 7. I was of opinion [here set out the opinion formed by the magistrate either in convicting, making an order, or dismissing, or as the case may be].

Question.
1. 8. The question submitted for the opinion of the Court of Appeal is, whether upon the above statement of facts the District Court came to a correct decision in point of law, and if not, what should be done in the premises.

Dated [etc., as in No. 8]

__________________

157.

Transmission of Case Stated. __s. 766.

(Heading as in No. 140.)

This is to certify that the accompanying case is a true record of the case stated herein by the magistrate of the said District.

List of documents forwarded [if none add [none], if any enumerate and describe them].

Dated, etc.

[Signed]

Clerk of the said District Court.

For Form of Notice of Appeal Sitting, see No. 148.

__________________

158.

Reference by Court of Appeal to District Court in

Case of Appeal. __ss.751, 769.

Appeal.__ss. 751, 769

(Heading as in No. 149)

At a sitting of the Court of Appeal held the [date] the Court in the matter of the above appeal, ordered [state directions].

Dated [etc., as in No. 151.]

__________________

EXTRAORDINARY REMEDIES

HABEAS CORPUS AND LIKE PROCEEDINGS.

159.

(a) Petition for a Writ of Habeas Corpus.___s. 1022

IN THE HIGH COURT OF JUSTICE

In the matter of [state name, etc., of person detained].

To the Honourable Puisne Judge, St. Lucia.

The petition of [state name of petitioner] shows that __

[Recite concisely by numbered paragraphs the facts in support of the application and showing the unlawful detention.]

Wherefore the premises and the annexed affidavit being considered, the petitioner prays that a writ of habeas corpus may issue herein, directed to the said [name of person detaining] commanding [him, her or them] to bring and produce the said [name of person detained] before the Supreme Court, or the judge in chambers, on such day and at such hour as may be appointed and that after due hearing the said [name of person detained] be at once released and restored to liberty, or for such other relief as may seem meet.

[Signed]

Petitioner.

[or] Solicitor for Petitioner.

Affidavit.

I, the undersigned [name, etc., of petitioner] being duly sworn make oath and say that all the allegations of the foregoing petition are true and correct.

[Signed]

Petitioner.

Sworn before me at ........................... this, etc.

[Signed]

Justice of the Peace.

[or as the case may be.]

If the Application is granted, the Order may be as follows__

Order.

Let it be as prayed for, the writ to be directed to [name persons] and to be made returnable [in the Supreme Court [or] before the Judge in Chambers] on [state day and hour].

Dated at [etc., as in No. 183].

(b) Writ of Habeas Corpus

SAINT LUCIA

IN THE HIGH COURT OF JUSTICE

In the matter, etc. [as in the petition].

To [name, etc., of person or persons to whom directed].

Greeting:

YOU ARE HEREBY COMMANDED in the name of the Crown, and the High Court of Justice to produce before [the said Court [or] the judge in chambers] in Castries on ........................... [state day and hour and the name of the person detained] and then and there to show cause why the said [name of person detained] is detained and why [he or she] should not be released [or turned over to the care and custody of, etc.] or as the case may be.]

Dated, etc.

By Order.

[Signed]

Registrar of the

Supreme Court.

Issued on the application of [state petitioner's name].

(Heading as in preceding form No. 159 (a).)

Now into Court comes [name] the respondent herein, and for return to

The writ of habeas corpus herein served upon him or her produces as directed [name of person detained] named in the said writ.

Respondent denies that the said [name of person detained] is illegally detained by [him or her] and avers that [he or she] is by law entitled to the care and custody of the said [name of person detained] for the following reasons, namely -

[state reasons by paragraphs, numbering each.]

[If the circumstances are such the following reasons may also be added] [his or her] own free will and consent and it is better for the said [name of person detained] physical as well as moral welfare that [he or she] should remain with this respondent].

Wherefore the respondent prays that the writ herein be discharged or set aside with costs and for such other relief as may seem meet.

Dated etc.

[Signed]

Respondent.

Affidavit.

Same as in No. 159 (a) but substituting “return” for “petition” and “respondent” for “petitioner.”

(d) Correctional Officer's Certificate of Copy of Commitment.

(Heading as in No. 159 (a).)

(Set out copy of Commitment.)

I certify that the above is a true copy of the warrant by virtue of which [name of person detained] is detained in my custody [and that he [or] she is not detained for any other cause.

[Signed]

Keeper of the Correctional Facility.

See also 193(a).

__________________

SEARCH FOR PERSON OR PROPERTY. RESTITUTION.

SEARCH FOR PERSONS.

160.

(Heading.)

SAINT LUCIA.

IN THE DISTRICT COURT.

__________________

161.

Complaint for a Search Warrant for Male or Female Suspected to be Detained for Immoral Purposes. ___s. 621.

(Heading as in No. 160.)

The complaint of [name, etc.], the [father or mother or uncle or other relative] or guardian or a person acting in the interest] of [name of male or female], hereinafter called the male or female, on oath states that there is reasonable cause to suspect that the said male or female is unlawfully detained for immoral purposes by [name, etc., of person detaining] at a certain house situate at [state No. and street of house, or describe place] in the said district.

[Signed]

[As in No. 15.]

Taken and Sworn [etc., as in No. 11]

NOTE. __ Complaint for search for person wrongfully confined [s. 620] may be adapted from the preceding form, substituting the name of such person for “male” or “female” throughout.

__________________

162.

Search Warrant for Male or Female suspected to be

Detained for Immoral Purposes. __s. 621

(Heading as in No. 160)

To the Commissioner of Police or Police Officer

[Name. Etc., of Complainant] hereinafter called the complainant and in my opinion bona fide acting in the interest of [name of male or female] hereinafter called the male or female having sworn that there is reasonable cause to suspect [etc., as in preceding Form No. 161.]

This is to command you in the name of the Crown (accompanied by the said complainant if so desiring to enter the said [describe place as in complaint] there to search for. And if found to take the said male or female to, and detain him or her in a place of safety until he or she can be brought before the magistrate to be delivered up to his or her parents or guardian or otherwise dealt with as circumstances may permit and require.

Dated [etc., as in No. 8].

Note. __ Search warrant for person wrongfully confined (s. 620) may be adapted from the preceding form, substituting the name of such person for “male” or “female” throughout.

__________________

163.

Warrant to Arrest Person Accused of Detaining Male or

Female for Immoral Purposes. __s. 621

[This may be issued as a separate warrant in the general Form No. 19, or it may be included in the search warrant Form No. 162, by adding before dated, etc.. The following ]

And this is further to command you if the said male or female is found in the place aforesaid to apprehend and bring the said [name of detained] before the said District Court.

__________________

SEARCH FOR AND SEIZURE OF PROPERTY

164.

Complaint to Ground a Search Warrant for Property. _ ss. 622, 623.

(Heading as in No. 160.)

[Name, etc., of Complaint] upon oath states that there is ground for believing that there is in [state in what and where], the following property, to wit [describe thing (s) ]

And that the said property was or is suspected to have been [state offence, e.g., stolen, etc., or unlawfully obtained or as the case may be], contrary to section ........................... of the Criminal Code [or other statute as the case may be].

And that the same will afford evidence as to the commission of the following offence, namely [state offence] contrary to section [etc., as in the preceding paragraph].

And that the same [is [or] are] intended to be used for the purpose of committing an offence against the person, namely [state offence] contrary to section [etc., as above]

Taken and sworn [etc., as in No. 11].

__________________

165.

Warrant to Search for Property. __ ss. 622, 623

(Heading as in No. 160.)

To all Police Officers.

Whereas it appears on the oath of [name, etc.] that there is reason to believe that [insert description of the things to be searched for, and of the offence in respect of which the search is made as in complaint] are in [state in what and where].

This is, therefore, to authorise and require you to enter, between the hours of ........................... and ........................... into the said premises, and to search for the said things. And to bring the same before the magistrate.

Dated [etc., as in No. 8].

NOTE.___ The warrant may be executed between 5 a.m. and 8 p.m., unless the Magistrate otherwise directs. ___s. 625.

__________________

166.

Complaint to Ground Search Warrant for Note or Parts thereof or Things for counterfeiting. ___ s. 627.

(Heading as in No. 160)

[Name, etc., of Complainant] on oath states that there is reasonable cause to suspect that [state name, etc., of person suspected] has been concerned in the counterfeiting of currency of this realm, [or of a certain foreign state, or country, to wit, etc.]

[has in his or her custody or possession counterfeit notes of this realm, [or of a certain foreign state etc.] or certain instruments, or tools or engines adapted and intended for the counterfeiting of the current notes of this realm], [or of a certain foreign state, etc.] at, and in a certain [describe premises or place, if dwelling house, or as the case may be] of the said [name of person suspected] situate at in the district aforesaid.

Taken and sworn [etc., as in No. 11].

__________________

167.

Search Warrant for Notes,, etc. __s. 627.

(Heading as in No. 160.)

To all Police Officers.

[Name, etc.] having made complaint on oath that there is reasonable cause to suspect [etc., as in complaint ].

This is to command you in the name of the Crown with necessary and proper assistance to enter in the [day or night] time into the said ]describe premises or place as in complaint] of the said [name, etc., of person suspected] and there diligently to search for such counterfeit and all instruments, tools, engines [or] machines for making any such counterfeit notes; and if the same, or any of them, shall be found on such search, you are to seize and carry the same before the magistrate.

Dated [etc., as in No. 8].

__________________

168.

Complaint to Ground Search Warrant respecting suspected Gaming House, Betting House, Brothel or Unlawful Lottery. __s. 630.

(Heading as in No. 160.)

[Name, etc., of Complainant] on oath states that there is reasonable cause to suspect that the [building [or] place [or] premises] [here describe the same by name or otherwise so that it may be readily known and found] is used as a gaming house or betting house or brothel, or for the purposes of an unlawful lottery, as the case may be].

Taken and sworn [etc., as in No. 11].

__________________

169.

Warrant to Enter Betting House, etc. _s. 630

(Heading as in No. 160.)

To all Police Officers

Whereas it appears on the oath of [name, etc.] that there is reasonable cause to suspect that the [etc. as in the complaint].

This is to authorise you in the name of the Crown with such assistance as you may find necessary, to enter into the said [house, room or place], and if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest all persons, and to seize all [tables or instruments or evidence of betting and all monies or securities for money found therein].

In the case of a lottery___

[dice, lots, cards, figures, contrivances, devices, or other evidence of a lottery therein.]

In the case of a brothel __

[things which may be evidence of such place being used as a brothel.]

Dated [etc., as in No. 8].

__________________

170.

Report of Commissioner of Police to Ground Warrant to Enter Brothel, Betting House, Gaming House or Place used for Unlawful Lottery. __s.634.

(Heading as in No. 160.)

To the Magistrate of the ........................... District.

There is reasonable cause to suspect [etc., as in No. 169.]

[Signed]

Commissioner of Police.

__________________

171.

Warrant to enter Betting House, etc.,

on the Report of the Commissioner of Police._____s. 634.

(Heading as in No. 160.)

To all Police Officers.

Whereas it appears on the report of the Commissioner of Police that there is reasonable cause to suspect that the [etc., as in the report.]

This is to command you [etc., as in No. 169.]

__________________

172.

Gunpowder or other Explosive or Dangerous or Noxious Thing. __s. 633

[For complaint adapt No. 164.]

[for writ adapt No. 165.]

__________________

173.

Report to the Court by the Police of Property taken from

Arrested Person. ___s. 634.

List of Property taken from [state name] on apprehension.

[Enumerate and describe Articles.]

Note. ___ The above or a like form may be used where the Court does not allow the report to be oral.

__________________

174.

(Heading.)

[If in the District Court.]

SAINT LUCIA.

IN DISTRICT COURT.

[Or if in the Supreme Court.]

SAINT LUCIA.

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

__________________

175.

Order for Seizure of Property in Case of Suspected Crime. __ ss. 634, 635.

(Heading as in No. 174.)

The ........................... day of ..........................., 20 ..............

It is ordered that the following property, to wit, [describe property] be [state direction of the Court].

[Signed]

[as in No. 8, in case of a Magistrate's Order].

[as in No.84, in case of the Judge's Order].

__________________

176.

Search Warrant on Judicial Order. ___s.637.

(Heading as in No. 174.)

To all Police Officers.

An order was made on the [state date] that the following property, to wit [etc., as in No. 175.]

This is to command you [etc., as in No. 165.]

[Signed] [See preceding Form No. 175.]

__________________

177.

Order for Restitution of Property.____ss. 644, 636.

(Heading as in No. 174.)

[Name, etc.] having been on the [date] convicted before the said Court of the offence of having on [state charge].

And as it is proved that the said goods are now in the possession of

It is ordered that the said ........................... do forthwith [or, on or before the ........................... day of 20 ] restore the said goods to the owner thereof, namely [state name].

Dated this ........................... day of ........................... 20__.

[Signed] [See Form No. 175.]

__________________

SENTENCES AND ORDERS IN GENERAL

178.

Minutes of Orders. ___ss. 710, 713, 1108, 1109

Note. __ The Court may note the decision and its terms concisely as it thinks proper, e.g. __

(a) In cases other than for Payment of Money.___ss.710, 713, 1109, Order. Defendant to [state concisely as indicated in s. 1108 or the enactment under which the order is made what person is required to do or abstain from doing, or as the case may be, and any conditions annexed.]

[If defendant has made default in obeying an order.] Order. Defendant having made default in complying with order of [state date and terms concisely as above] is ordered to [state punishment prescribed by statute or if none] to pay [state amount and how to be paid] [or] to be imprisoned for [state period, etc.]

[If compensation ordered.] Order. Defendant to pay to [state person to be paid, amount to be paid and how, whether forthwith, or on or before a future date, or by instalments [stating when first instalment is payable], and the imprisonment in default and whether with or without hard labour.

[If costs ordered.] Adapt preceding paragraph.

[or as the case may be].

See also forms Nos. 139 and 192.

(b) In Usual Cases. ___ss. 710, 713, 1108,

Note concisely as indicated in s. 1109 or in the enactment under which order is made amount to be paid or term of imprisonment or as the case may be, e.g. __

Minute of Order against Defendant. __ss. 710, 713, 1108, 1109.

[If a penalty.] Convicted. To pay [state amount and whether for fine or for costs or for compensation, or damages, and how to be paid, whether forthwith or on or before a future date, or by instalments [stating when first instalment is payable], and the imprisonment in default, and whether with or without hard labour, or as the case may be].

[If imprisonment or detention in default.] And in default [imprisonment with or without hard labour for [state period] [or] detention in police custody at [state place] for [state period] or as the case may be].

[If imprisonment only.] Convicted To be imprisoned [with or without] hard labour for [state period ].

[If detention in Police Custody]. To be detained in Police custody at [state place] for [state period] [see s. 1134.]

[or as the case may be].

See also forms Nos. 139 and 192.

(d) See as to Corporal Punishment or Solitary confinement, Form No. 181, and as to Detention of Juvenile Offenders in Institutions, Form No.181.

__________________

179.

Extracts of Orders or Convictions or Sentences.
1. (a) Extract of Order for Cases other than for Payment of Money. __ss. 710, 713, 1056, 1108.

(Heading as in No. 116.)

It was adjudged and ordered by the said Court sitting at ........................... on the day of ..........................., 20__, that the [defendant [or] complainant] [or as the case may be] [stating name, etc., and setting out shortly what the adjudication or order was].

The said adjudication was consequent on [conviction [or] dismissal] in respect of a charge against the defendant for having on [state charge].

Clerk of the said District Court.
1. (b) Extract of Conviction of penalty, or Order for Payment of Money, and in Default of Payment, Imprisonment.___ss. 710, 713, 1056, 1109.

(Heading as in No. 133.)

It was adjudged [etc., as in (a)].

The said adjudication was consequent on conviction in respect [etc., as in a) ] Clerk of the said District Court.

Note.__ This form may be adapted for Detention in police custody in default of payment.

(Heading as in No. 116.)

It was adjudged and ordered by the said Court sitting at on the [date] that the defendant [name, etc.] be imprisoned in the Correctional Facility for the term of [state period] [with or without] hard labour.

The said adjudication was consequent on conviction in respect of a charge against the defendant for having on [state charge].

Clerk of the said District Court.
1. (d) Extracts of Order for Detention in Police Custody.__ss. 713, 1056, 1134.

Some as in preceding form (c), but “detained in police custody at for the term of “ to be substituted for “imprisoned in the Correctional Facility,” etc.

Note.__ similar extracts with appropriate heading as in No. 72 may be made in Supreme Court cases, and “accused” may be substituted for “defendant.”

For Forms of minutes, see Nos. 137 - 139,178.

__________________

CAPITAL PUNISHMENT

180.

Sentence of Death.___s. 1112

(a) Note.__ The user or other officer will proclaim as follows as the Judge is about to pass sentence.

OYEZ, OYEZ, OYEZ, the Honourable the Queen's Puisne Judge commands all present to keep silence, under pain of imprisonment whilst sentence of death is being passed.

GOD SAVE THE QUEEN.

(b) The sentence may be pronounced as follows__

[Name of Accused.] You having been convicted of the crime of [murder] the sentence of the Court upon you is that you be hanged by the neck until you be dead.

or (c) [Name of Accused.] You having been convicted of the crime of [murder] the sentence of the Court upon you is that you be removed hence to the place from whence you come, thence to the place of execution on such day as may be fixed by the Governor General there to be hanged by the neck until you be dead. And may God have mercy on your soul.

__________________

181.

Warrant of Commitment under Sentence of Death.__ s.1112, 1114

(Heading as in No. 71.)

To all Police Officers.

[Name of Accused] having been convicted before the said Court on the [date] of the offence of murder and sentenced to suffer death.

This is to command you to convey the accused to the Correctional Officer there to be kept in custody subject to the further warrant or direction of the Governor-General as to the execution of the said sentence.

Dated at [etc., as in No. 83.]

__________________

182.

Governor's Warrant for Execution of Sentence of Death.__s. 1114.

SAINT LUCIA

By His Excellency

[L.S.]........................... Etc.,........................... Etc.,........................... Etc.,

the Officer Administering the

Government of Saint Lucia.

Governor-General

To the Commissioner of Police.

Whereas at a session of the High Court of Justice held at Saint Lucia before the Honourable [name], Puisne Judge, the accused [name of accused] was, on the ........................... day of ........................... 20, duly convicted of the crime of murder and Judgment of death was duly given by the said Court that the said accused be hanged by the neck until he or she be dead, the execution of which Judgment yet remains to be done.

Now, therefore, I [name], acting on the advice of ....................................... do hereby require and command you, the Commissioner of Police, that, upon the ........................... day of 20................. and between the hours of ........................... of the same day, you convey the said accused to the place of Execution in the [describe the Correctional Facility] and that you then and there cause the said accused to be hanged by the neck until he or she be dead.

Given under my hand and the Public Seal of the Island of Saint Lucia

in the said Island this ........................... day of ........................... 20............................

By Command.

__________________

183.

(a) Certificate of Correctional Facility Medical Officer.___s. 1118.

SAINT LUCIA

I, ..........................., Medical Officer of the [describe the Correctional Facility] hereby certify that I this day examined the body of ........................... On whom Judgment of death was this day executed in the [describe the Correctional Facility] and that on that examination I found that the said ........................... was dead.

Dated the ........................... day of ........................... 20.

Medical Officer of [Correctional Facility].

(b) ........................... Declaration of the Commissioner of Police and Others.___s. 1299 We, the undersigned, hereby declare that Judgment of death was this day executed on in the [describe the Correctional Facility] in our presence.

Dated this ........................... day of ........................... 20.

Commissioner of Police

[Correctional Officer].

Justice of the Peace.

Etc., Etc., Etc.

__________________

184.

Governor General's Warrant on Commutation of Sentence. __s. 1252.

(Heading as in No. 182.)

To the Keeper of the Correctional Facility.

[Name of person sentenced to death], hereinafter called the accused, was convicted before the High Court on the [date] of the offence of murder and sentenced to suffer death.

And whereas it has pleased the Governor-General of St. Lucia acting on the advice of ................................................................. to extend the mercy to the accused by commuting the said sentence to one of imprisonment for [life, or as the case may be], [with or without] hard labour, [or other punishment or condition as the case may be].

This is to command you to carry into execution the said commuted sentence accordingly.

Given [etc., as in No. 182].

__________________

DISTRESS.

185.

DISTRESS WARRANT FOR MONEY. __ss. 1222, 1225, 1229

(Heading as in No. 116.)

[Name, etc.] hereinafter called the defaulter was, on the day of by the said Court sitting at ........................... adjourned to pay the sums stated at the foot hereof the said adjudication being consequent on [conviction [or] dismissal] in respect of charge against the defaulter for having on [state charge].

And default having been made in payment:

You are hereby commanded forthwith to make distress of the money and goods of the defaulter [except the wearing apparel and bedding of the defaulter and the defaulter's family, and to the value of $14.40, and the tools and implements of the defaulter's trade]; and if within the space of * 3 clear days next after the making of such distress, [unless the said defaulter consents in writing to an earlier sale], the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the proceeds of the said distress to the Clerk of the said Court, and if no such distress can be found, to certify the same to the Court.

Dated [etc., as in No. 8]

Adjudication.

Amount adjusted ...........................

Paid .........................................

Balance ....................................

Costs of issuing Warrant .........................

Amount to be levied ..................................

____________

*Note.__ The first and last days must be excluded so that the sale should not take place until after the expiration of the fifth day, if no further delay than 3 days has been fixed, unless with written consent.

____________

186.

Commitment pending Return to Distress Warrant.__s. 1224

(Heading as in No. 116.)

[Name] hereinafter called the defaulter was, on the ........................... day of ........................... 20, by the said Court sitting at adjourned to pay the sums stated at the foot hereof, the said adjudication being consequent on [conviction [or] dismissal] in respect of charge against the defendant for having on [state charge].

And it was ordered that in default of payment the said sums should be levied by distress, and that in default of sufficient distress the defaulter should be [imprisoned [or] detained in police custody] for [state time], and that the defaulter's committal should take place forthwith for the reason that the Court was satisfied that the defaulter was possessed of sufficient means to pay the said sum forthwith [or state any other special reason].

And default having been made a warrant of distress was issued, but no return has been made thereto:

[And the defaulter not having given sufficient security to the satisfaction of this Court to appear at the time and place appointed for the return to the warrant of distress.]

This is to command you to convey the defaulter to the ........................... there to be kept in custody, until the ........................... day of ........................... and to command all whom it may concern on that day to convey the defaulter before the said Court at the hour of ........................... unless the defaulter previously [enters into a recognizance in the sum of with surety, severally, in the sum of ........................... For the appearance of the defaulter on that day, or] pays the sum payable under such warrant.

Dated [etc., as in No. 8].

Adjudication.

(As in No. 186.)

INDORSEMENT OF PAYMENTS

Payments Received by Persons having custody of the Defaulter.
Date of Receipt $ c Signature

________________

187.

Return of Insufficient Distress Indorsed on Warrant.__s. 1238

I [name, etc.] hereby certify that by virtue of the within written warrant I have made diligent search for the money and goods of the within-named defaulter, and that I can find no sufficient money or goods of the defaulter whereon the sums within-mentioned can be levied.

Dated the ........................... day of ..........................., 200.

[Signed]

Bailiff [or] Constable [or as the case may be].

___________________

188.

Account of Charges incurred on a Distress Warrant.__s. 1232

(Heading as in No. 116.)

I, [name, etc.], the person charged with the execution of the warrant of distress upon the money and goods of ........................... dated the ........................... day of ..........................., hereby declare that the following is a true account of the costs and charges incurred in respect of the execution of the warrant__

[Specify Items.]

__________

Total

__________

Dated, etc.

[Signed]

__________________

189.

Commitment in Default of sufficient Distress. __ s. 1238.

(Heading as in No. 116.)

To all Police Officers.

[Name], hereinafter called the defaulter, was on [as in No. 187].

And default having been made, a warrant of distress dated the day of 20, was issued against the defaulter.

And it now appearing that there is no sufficient distress,

You are hereby commanded to convey the defaulter to the there to be kept in custody [with or without hard labour] for [state term], unless the said sum [and all costs and charges of the [said distress and] commitment] be sooner paid.

Dated [etc., as in No. 8].

Note.__ this form may be also adapted for Detention in Police custody.

Adjudication.

(As in No. 186.)

INDORSEMENT OF PAYMENTS

(As in No. 186.)

__________________

FINE AND OTHER MONEY PAYMENTS AND ENFORCEMENT THEREOF.

190.

Complaint to Vary Order for Periodical Payments. ___s. 1192

(Heading as in No. 116.)

The complainant states that by an order duly made on the ........................... day of 20, by the said Court sitting at ........................... the defendant was ordered [state shortly the terms of the original Order, and mention any subsequent Order and the effect thereof.]

And the complainant now applies that [the payments under] the said Order [should be made through an Officer of the Court, or through] or should be revived, [revoked, varied by an order requiring] [state terms required] on the ground that

Taken, this [etc., as in No. 11].

__________________

191.

Summons to Vary, etc., Order for Periodical Payments.__s. 1192.

(Heading as in No. 116.)

To the Defendant.

Complaint has been made that by an order made on the ........................... day of ........................... by the said Court sitting at ........................... you were ordered [state shortly the terms of the original order, and mention any subsequent order and the effect thereof ].

And the complainant applies that the [state terms of application as in complaint] on the ground that [state grounds as in complaint ].

You are therefore hereby summoned [etc., as in No. 18.]

Dated [etc., as in No. 8]

__________________

192.

Minutes of Orders.

Minute of Order Varying etc., Order for Periodical Payments.__ss.1192, 1219.

Ordered that [the payments under the order of the [state date and time of former order or orders] be made through an officer of the said Court, to wit, [designate officer] or the said order be forthwith revived, [revoked, varied as follows__ ]or as the case may be].

Note.__As to Minute of Order for Costs in such cases.__s.1219. (See Nos. 137 and 139.)

Minute of Order for Compensation or Costs.__s.1206, and (generally) ss. 1204 - 1220. (See Nos. 137 and 139.)

Note.__when an order is for payment by instalments it is advisable to state when the first instalment is to be paid.

Minute of Order for Fine.___ss. 1195 - 1202

(See Nos. 137 and 139.)

Note.__ When an order is for payment by instalments it is advisable

to state

when the first instalment is to be paid.

See also for Minutes of Orders generally, Form No. 178.

For forms of Extracts see form No. 179.

__________________

193.

Return to Habeas Corpus.__s. 1199.

(Heading as in No. 71.)

(a) I certify that the accompanying certificate by the Registrar of the Supreme Court herein sets forth the judgment or order by virtue of which the arrest or detention of the accused was made.

[Signed]

Commission of Police.

[or] Prison Officer.

Note.__ See also No. 159 (d).

(b) Certificate by the Registrar in Case of Arrest by Commissioner of Police for Non-Payment of Fines, etc.__s. 1199

(Heading as in No. 71.)

This is to certify that [name] of ........................... was on the ........................... day of, 20, adjudged by the said Court to pay the sum of $........................... for.

Registrar of the Supreme Court.

__________________

194.

Complaint against Child and Parent or Guardian.__s.1259.

(Heading as in No. 116.)

[But add the parent or guardian's name after the child's as one of the

defendants.]

The complainant states that the defendant [name of child] on [state charge, etc., as in No. 15.]

The complainant also states that the defendant [name of parent or guardian] is the [parent [or] guardian] of the said [name of child].

The complainant prays [etc., as in No. 15.]

[Signed as in No. 15.]

Taken [etc., as in No. 10].

Note.__ For complaint against child only see ordinary form No. 118.

__________________

195.

Summons to Child and to Parent or Guardian.__s. 1259.

(Heading as in preceding form No. 194.)

To the Defendants.

Complaint has been made that you the defendant [child's name] on [etc., as in No. 18].

And complaint has been further made that you the defendant [state name of parent or guardian] are the [parent or guardian] of the said [state name of child.]

You are therefore each of you hereby summoned [etc., as in No. 18.]

Dated [etc., as in No. 8]

Affidavit of Service.

Same as in No. 12.

__________________

196.

Complaint for Attendance of Parent or Guardian after charge

made against Child alone.___s.1259.

(Heading as in No. 116.)

The complainant states that the defendant is the [parent or guardian] of [state name of child] who is charged with having on [state charge].

The complainant prays for a summons.

[Signed, etc., as in No. 15.]

Taken [etc. as in No. 10].

__________________

197.

Warrant to arrest Parent or Guardian in First Instance.__s.1259.

(Heading as in No. 116.)

Whereas complaint has been made upon oath that the defendant is the

[etc., as in preceding Form No. 196].

__________________

198.

Summons to Parent or guardian of Child after Charge made against Chid alone.__s. 1259.

(Heading as in No. 116.)

The defendant of whom you are stated to be the [parent or guardian] is charged with having on [state charge].

You are therefore hereby summoned to attend before the said Court at ....................... on ........................... day the ........................... day of 20, at ........................... m., and during all the proceedings of the case.

Dated [etc., as in No. 8].

__________________

199.

Warrant of Commitment in the District Court on Sentence of Imprisonment only.__ss.780, 1199.

(Heading as in No. 116.)

To all Police Officers.

The defendant [name] of [residence and occupation], was on the [date] convicted before the said Court, sitting at ........................... for having on [state charge].

And it was thereby adjudged that the defendant be imprisoned for the term of [state period].

This is to command you to convey the defendant to the Correctional Facility, there to be imprisoned accordingly.

Dated [etc., as in No. 8].

Note.__For detention in police custody, see No. 203 (a). For commitment on Extract, see No. 230.

__________________

200.

Warrant of Commitment in the Supreme Court on Sentence of
Imprisonment only.__ss. 780,1199

(Heading as in No. 71.)

To all Police Officers.

The accused was on the [date] convicted before the said Court, sitting at Castries for having on [state charge].

And it was thereby adjudged [etc., as in preceding form No. 199, but “accused” to be substituted for”defendant” throughout.]

Dated at Castries, Saint Lucia, the day of 20 .

Puisne Judge.

Registrar of the Supreme Court.

Note as to No. 199.

_______________

201.

Warrant of commitment on conviction for Penalty or on an Order for Payment of Money in the District Court in the First Instance.__ss. 780, 1199

(Heading as in No. 71.)

To all Police Officers.

[Name] or [residence and occupation], hereinafter called the defaulter, was on the ........................... day of ........................ 20, by the said Court, sitting at ..........................., adjudged to pay the sums hereinafter stated, the said adjudication the defendant for having on [state charge].

And default having been made in payment.

This is to command you to convey the defaulter to the Correctional Facility, there to be imprisoned in the manner and for the term hereinafter stated, unless the said sums hereinafter appearing to be due be sooner paid.

Adjudication

Amount $ c	Nature	Payable to	How payable, if by instalments:		If not payable forthwith state date or before which total amount or first instalment payable as the case may be
			Instalment of $ c	State whether monthly, weekly, or every [so many]days
	Fine compensation damages expenses sum due on } recognizance} Costs
	TOTAL Imprisonment in default [state period] [with or without] hard labour
Part Payments
	Balance due Balance of Imprisonment [state period] [with or without] hard labour
Further Fees or Cost if any

	Amount Additional Imprisonment [state period] [with or without] hard labour

Dated [etc. as in No. 8]

INDORSEMENT OF PAYMENTS

(Same as in No. 186.)

Note.__ As to detention in police custody on non-payment, see 203(b).

For commitment on Extract, see No. 230.

__________________

202.

Warrant of Commitment on Conviction for Penalty or on an Order for Payment of Money in the Supreme Court in the

Fist Instance.__ss. 780, 1199.

(Heading as in No. 116.)

[Same as preceding Form No. 201, but “accused” to be substituted for “defendant” throughout.]

Adjudication.

(Same as in No. 201.)

INDORSEMENT OF PAYMENTS

(Same as in No. 186.)

Note.__For Commitment on Extract, see No. 230.

__________________

203.

(a)

Extract of Order for Detention in Police Custody in First Instance.__s. 1134.

(Heading as in No. 116.)

To all Police Officers.

[Name, etc.] was on the [date] by the said Court sitting at ........................... adjudged to be detained in police custody at ........................... for the term of ........................... days, the said adjudication being consequent on conviction in respect of charge against the defendant for having on [state charge].

This is to command you to convey the said defendant to the said there to be detained accordingly.

Dated [etc., as in No. 8].

(b)

Extract of Order for Detention in Police Custody on Non-Payment.

(Heading as in No. 116.)

To all Police Officers.

[Name, etc.], hereinafter called the defaulter, was on [etc., as in No. 203.]

And in default it was adjudged that the defaulter should be detained in police custody at ........................... for the terms of ........................... days.

This is to command you to convey the defaulter to the said there to be detained accordingly, unless [the said sum be sooner paid or the said order be sooner obeyed].

Adjudication.

(Same as in No. 201)

INDORSEMENT OF PAYMENTS

(Same as in No. 188.)

Note.__ for Commitment to the Correctional Facility on Extract, see No. 230.

__________________

204.

RECOGNIZANCES AND ENFORCEMENT THEREOF.

Complaint without Oath for Order for Recognizance to Keep the Peace.__s. 1239.

(Heading as in No. 116.)

The complaint states that the defendant on [time] at [police and district] [offence, e.g], used severe threats towards the complainant whereby the complainant fears that the defendant will do the complainant some bodily harm [or other offence, as the case may be].

The complainant prays for a summons and that the defendant be adjudged to enter into a recognizance and find sureties to keep the peace and be of good behaviour towards the complainant.

[Signed]

[As in No. 15.]

Taken [etc., as in No. 10].

__________________

205.

Complaint upon Oath for Order for Recognizance to

Keep the Peace.__s. 1239.

(Heading as in No. 116.)

The complainant on oath states that the defendant on [etc., as in preceding Form No. 204].

The complainant prays for a warrant of arrest and that the defendant be adjudged [etc., as in preceding Form No. 204].

[Signed]

[As in No. 15.]

Taken and sworn [etc., as in No. 11].

____________________

206.

Summons to Defendant for Order for Recognizance to Keep the Peace.___s. 1239.

(Heading as in No. 116)

To the Defendant.

Complaint has been made that you on [state charge, as in Complaint].

You are hereby summoned [etc., as in No. 18].

__________________

207.

Warrant to Arrest Defendant in first Instance on complaint for Order for Recognizance to keep the Peace.__s. 1239.

(Heading as in No. 116)

To all Police Officers.

Whereas complaint has been made that the defendant on [state charge, as in complaint].

This is to command you [etc., as in No. 19].

__________________

208.

Warrant to Arrest Defendant after Summons for Order for

Recognizance to Keep the Peace.__s. 1239.

(Heading as in No. 116.)

To all Police Officers

Whereas complaint has been made that the defendant on [state charge as in complaint].

And whereas a summon [etc., as in No. 20].

This is to command you [etc., as in No. 19].

__________________

209.

Minute of Order for Recognizance to Keep the Peace.__ss. 1239, 1240. (a) ___s. 1239.

Order. [Name] to enter into recognizance for $........................... [if with sureties, with surety in $..........................., severally, to keep the peace and be of good behaviour, especially towards [name] for [state period]. In default, imprisonment for [state period] [or] detention in police custody at [place] for [period].

[If costs ordered, add.] [Name] to pay $........................... costs by instalments of $........................... for every ..........................., the first to be paid] forthwith [or] on the day of ...........................]. In default additional imprisonment for [state period] [or] detention [etc., as above].

Note. __ Imprisonment not exceeding “6” months may be adjudged in default.

(b).__s. 1240.

Order. [As in preceding form (a).]

Note.__ Imprisonment not exceeding “3” months may be adjudged in default.

(c). __s. 1241.

Order. [as in preceding form (a), and in addition to or substitution for other punishment.]

Note. __ The convicted defendant may in default be sentenced to imprisonment not exceeding “6” months.

For Minutes of Orders generally see No. 178, and for Extracts see No. 179.

__________________

210.

Recognizance to keep the Peace. __ss. 1239, 1240.

(Heading as in No. 116.)

I, the undersigned [name, etc.], hereinafter called the principal, hereby bind myself to forfeit to the Crown the sum of $........................... to perform the following condition, namely __

To keep the peace, and be of good behaviour, and especially towards for the term of ........................... now next ensuing.

Dated at ........................... this ..................... day of ...................., 20.................

[Signed]

Principal.

[Signed]

Magistrate of the said District.

Obligation of Sureties, if any

[As in No. 1, but substituting “principal” for “accused.”]

This recognizance has been entered into pursuant to an order made by the said Court, sitting at ........................... on the [date] on [conviction or dismissal] of a charge against the defendant for having on [state charge].

__________________

211.

Security for Penalty or Payment of Money.__s. 1242.

Minute of Order for Security for Payment of Money.

[Name] at liberty to give security to the satisfaction for [this Court] in $ [with suret, severally, in $........................... For due payment of sums adjudged.]

For Minutes of Orders as to payments of Money, see Nos. 138, 179.

(Heading as in No. 116.)

[Name], [defendant or complainant], hereinafter called the principal was on the [date] adjudged by the said Court sitting at ........................... to pay the sum of [by instalments of ........................... for every days, the first instalment to be paid] forthwith [or on the day of ........................... ] and to give security for the due payment thereof [or as the case may be].

Now, therefore, the principal hereby undertakes that the principal will pay ........................... the sum adjudged at the time and in the manner directed, and hereby acknowledges being bound to forfeit and pay to the Clerk of the Court the sum of ........................... in case the principal fails to perform this undertaking.

Dated [etc., as in No. 210].

Obligation of Sureties, if any.

__________________

212.

Summons to Person bound y Recognizance alleged to

have been forfeited. - s. 1244 (1), (3).

(Heading as in No. 116)

To [name, etc.]

You are hereby summoned to appear at o'clock,.m. on day, the day of 20, at before the said District Court, to show cause why the recognizance entered into on the day of 20, whereby you are bound to pay the sum of $........................... should not be adjudged to be forfeited, and why you should not be adjudges to pay that sum.

Dated this day of, 20.

[Signed] Magistrate of the said District

__________________

213.

Minute of Order to Forfeit and Enforce Recognizance. __s. 1244 (1) Order. Recognizance by [names of persons bound] [dated] forfeited.

[Name] to pay [etc., as in No. 179 (b) ]. And in default [imprisonment, etc., as in No. 178 (b) ].

As to Minute of Order Mitigating Forfeiture, see No. 227.

__________________

214.

Declaration of forfeiture of Recognizance. __s. 1244 (1), (3).

The within-named principal not having complied with the said condition this Court declares that the within written recognizance is forfeited.

[Signed] Magistrate of the said District.

Note. __ This Declaration is to be indorsed on the Recognizance.

For indorsement mitigating forfeiture, see No. 228.

__________________

215.

Security to Perform condition of Forfeited Recognizance. ___s. 1244 (2).

(Heading as in No. 116.)

[Name], hereinafter called the principal was by recognizance entered into the [date], bound in the sum of

And the said recognizance has been adjudged to be forfeited, but the principal has applied to the said Court sitting at to [cancel or mitigate] the forfeiture.

Now, therefore, the principal hereby undertakes that the condition of the said recognizance shall be duly performed [and that the said principal shall on or before the ........................... day of ........................... pay the sum of ........................... for costs incurred in respect of the said forfeiture]; and hereby acknowledges being bound to forfeit and pay to [the clerk of the Court] the sum of $........................... in case the said principal fails to perform the condition of the said recognizance.

Dated [etc., as is No. 210].

Obligation of Sureties, if any.

[As in No. 1, but substituting “principal” for “accused.”]

Note.__ As to indorsement mitigating forfeiture, see No. 228.

__________________

216.

Minute of Order forfeiting Recognizance on conviction. __s.1244 (3)

Order. [Name], principal, was by recognizance entered into the [date]

bound in $........................... and suret [name or names] in $..........................., severally, the

condition being that the principal should [state condition].

And the principal having on the [date] been convicted of having [state offence] the same being a breach of the said condition:

Adjudged that the said recognizance be forfeited, and that the said pay to the Clerk of the Court $........................... [and $ for costs [by instalments of ........................... for every ........................... days, the first instalment to be paid] forthwith [or on the day of ], or as the case my be.

And in default imprisonment [etc., as in No. 178 (b) ].

[If distress is ordered instead].

And in default of payment ordered that [the sum due from the said under this adjudication be levied by distress and sale of [his/her] goods, [and in default of sufficient distress that] the said ........................... be imprisoned in the Correctional Officer [with or without] hard labour [or detained in police custody at ........................... ] for the term of ........................... ] unless the said sums [and all costs and charges of the [said distress and ]commitment] be sooner paid.

Note.__ for summons to Person bound by Recognizance which is alleged to have been forfeited by conviction of principal, s. 1244 (3), see No. 211.

As to Minute of Order Mitigating forfeiture, see No. 227.

__________________

217.

Notice to Principal of Forfeiture of Security.___s.1244 (1), (3).

(Heading as in No. 116.)

To [name, etc.]

Take notice that you have forfeited the sum of $........................... for which you were bound by your undertaking entered into the [date], and unless you pay that sum to the Clerk of the said District Court at ........................... on or before the ........................... day or ........................... a warrant of [commitment for your imprisonment in the Correctional Facility for [period] [or] of detention in police custody at for [period] will be issued [or][distress will be issued for the recovery thereof].

Registrar.

Let the above named persons be summoned by the Sheriff to show Cause on ........................... a.m., why the penalty of the recognizances in respect of which there has been default should not be enforced.

Chief Justice.

__________________

218.

List of Persons bound on Recognizances. _ ss. 1245, 1246.

SAINT LUCIA

IN THE HIGH COURT OF JUSTICE

(CRIMINAL JURISDICTION).

SESSIONS, 20.

List made by [ name ], Registrar of the said Court in pursuance of section 1396 of the Criminal Code of persons, making default or bound on Recognizances.

Persons bound	Persons making default	Date of Recognizance			Amount of Recognizance
		Day	Month	Year	$

Registrar

Let the above named persons be summoned by the Sheriff to dhow cause on ............... day, the ........................... day of ..........................., 20, at.m., why the penalty of the recognizances in respect of which there has been default should not be enforced.

Chief Justice.

__________________

219.

Summons to Person bound on Recognizance.__s.1246.

(Heading as in No. 218.)

To [name] of

You are hereby summoned to appear at ............................m, on ........................... day the ........................... day of, 20, before the said Supreme Court, in Castries, to show cause why the recognizance entered into on the ........................... day of, 20, whereby you were bound to pay the sum of $ : should not be adjudged to be forfeited, and why you should not be adjudged to pay that sum or be further dealt with according to law.

Dated at Castries, St Lucia, this ........................... day of ........................... 20.

__________________

220.

Return by the sheriff of Service of Summons on Persons bound by Recognizance. __s.1247.
Name of Persons On whom return served when served By whom served

[Signed]

Sheriff.

_______________

221.

Writ of Execution for Enforcement of Forfeited

Recognizance. ___ss. 1248, 1249

(Heading as in No. 218.)

To the Sheriff.

We command you that of the movable and immovable property of [name], hereinafter called the defaulter of ........................... you cause to be levied the sum of $........................... which said sum of money the said defaulter was, by a judgement of Our said Court, bearing date the ........................... day of ........................... 20, adjudged to pay in respect of a certain recognizance forfeited by the defaulter, and, in defaulter, then you are to take the body of the said defaulter and lodge the defaulter in the Correctional Facility, there to await the decision of the judge of Our said Court at its sitting next thereafter to be held, or whenever called upon to appear, unless the said defaulter shall give sufficient security for his or her appearance at the said Court, and to abide the decision of the said Court; and have you then and there this writ.

Dated, etc.

By order.

[Signed]

Registrar.

To the Sheriff of the Supreme Court.

Execute the said writ unless security is duly given to the sheriff.

[Signed]

Sheriff.

Note. __ A Writ of Execution against a surety under s. 1250 may be adapted from preceding form, but substituting 'surety” for “defaulter” throughout.

__________________

222.

Recognizance to Appear given to the sheriff. __s.1249.

(Heading as in No. 218.)

I the undersigned [name], hereinafter called the principal, hereby bind myself [etc., as in No.. ] To attend at the Supreme Court at Castries at [etc., as in No. 1 to “directed”], and to abide the decision of the said Court or to appear when called upon to do so and to pay the amount of the recognizance forfeited herein or such sum in lieu or satisfaction thereof as may be awarded by the Court together with such costs as may be awarded.

Dated at [etc., as in No. 210.]

[Signed]

Principal.

Sheriff.

Obligation of Sureties.

[I or we, etc., as in No. 1.]

Note. __ But to be signed by the sureties and the sheriff.

__________________

223.

Warrant of Commitment in Default of Sureties for Peace. __s.1251.

(Heading as in no. 116.)

To all Police Officers.

[Name], hereinafter called the defaulter, was, on the [date] ordered to enter into a recognizance in the sum of $........................... [state whether forthwith or on or before a certain date], [if with sureties] with suret, severally in the sum of $........................... to keep the peace and be of good behaviour, and specially towards one [name] for the term of next ensuing.

And default having been made in obeying the said order, this is to command you to convey the defaulter to the ........................... there to be detained for the term of ........................... unless the said order be sooner obeyed.

Dated [etc., as in No. 8].

Note. __ This Form may also be adapted for Detention in Police

Custody.

__________________

224.

Discharge of Defaulter on finding sureties with Variation where Defendant has to enter into his or her own Recognizance at the Correctional Facility. __s.1251

(Heading as in No. 116.)

To the Correctional Officer.

Discharge forthwith [name] now in your custody under a warrant of commitment of the said Court, sitting at ..........................., dated ..........................., in default of sureties, he or she having [entered into his or her own recognizance and] found the [surety or sureties] required by the said warrant provided he or she [do first enter into his or her recognizance in the sum of $........................... and] be not detailed for any other cause.

Dated [etc., as in No. 8].

Note. __ As to No. 222.

__________________

225.

Order to bring up Defaulter for Sureties. ___s.1251

It is hereby ordered that the Correctional Officer do cause [name], now in the Correctional Facility, to be brought before the said Court in at the hour of ..................., on ........................... day the ........................... day of 20..........................., that he or she may enter into a recognizance with suret ........................... conditioned to keep the peace.

Dated [etc., as in No. 8].

__________________

226.

Summons to vary sureties, etc. ___ 1251

(Heading as in No. 116.)

You are hereby summoned to appear before the said district court sitting at ................. on ........................... day the ........................... day of ..........................., 20, at the hour of ..........................., to show cause why the order of ..........................., 20, against ........................... to find surety ........................... should not be varied or otherwise dealt with.

Dated [etc., as in No. 8].

__________________

227.

Minute of Order Varying Order for Sureties. ___s.1251

Order. [Name], now in the correctional facility under commitment Dated for default in finding surety in the sum of [each].

Upon further consideration ordered that the amount of the suretyship be reduced to [or that the obligation to find suret be dispensed with] [or otherwise as the case may be].

As to minute of order forfeiting recognizance, see Nos. 213 and 216.

__________________

228.

Indorsement Mitigating forfeiture, etc. __s. 1251

The within-mentioned recognizance having been adjudged to be forfeited, and [name] having applied to this Court to [cancel or mitigate] such forfeiture, and security having been given for the future performance of the condition of the said recognizance, and [having paid or given security for payment of] the costs incurred in respect of the forfeiture thereof [or insert such other condition as the Court may think just].

The said forfeiture is [cancelled or mitigated to the sum of ........................... ], [or as the case may be].

Dated [etc., as in No. 8].

As to form of security, see No. 213.

_______________

SUPPLEMENTARY FORMS.

229.

Applications.

IN THE ........................... COURT.

The application of [name, etc.] shows that -

[State the circumstances in numbered paragraphs and the statute, if any, on which the application is based.]

The application applies [for an order [or] for the issue of [state order or process required, etc., [or] as the case may be].

Note. __ If an affidavit is required that to No. 159 can be adapted.

Order.

On consideration of the foregoing application it is ordered that [terms of order].

[Place and date.]

[Signed]

Note. __ If the application is in the form of a petition__same as above, but substituting “petition” for “application” and “petition” for “applicant.”

__________________

230.

Commitment Extract. __ss.1056, 1131

(Heading as in No. 216.)
1. (a) (Heading.)

IN THE ................................. DISTRICT COURT at

Name of Defendant.

Date of Conviction.

Offence of which Convicted.
1. (b) (Heading as in (a).)

Sentence. Imprisonment [with or without] hard labour for [state period]. Warrant is hereby granted to all Police Officers to convey the defendant to the Prison and for the detention of the defendant therein in execution of the said sentence.

Magistrate of the said District.

[If signed by the Clerk.]

By order.

Clerk to the

Magistrate of the said District.

INDORSEMENT OF PAYMENTS

(As in No. 185.)
1. (c) Commitment Extract. __ Imprisonment and Recognizance

(Heading as in (a).)

Sentence. Imprisonment [etc., as in (b)], and $........................... recognizance [etc., as in (e) and in default further imprisonment [etc., as in (b)].

Note.__ The necessary variations to meet different sentences are to be made on the extract. An extract in this form is applicable either to sentence on a plea of guilty or on conviction.

The forms may also be adapted to cases of detention in police custody, substituting “detention in police custody” for “imprisonment etc” as the sentence, and name of the “place of detention” for “Her Majesty's Prison,” see (b).

Similar forms may be adapted for the Supreme Court in which case “accused” may be substituted for “defendant.”

For commitments on warrant, see Nos. 199-202, and for Extracts for detention in police custody, No. 205.

__________________

231.

Convictions.

(a) Conviction for Penalty, and, in Default of Payment, Imprisonment or Detention.

(Heading as in No. 116.)

The ........................... day of ........................... 20.

[Name], [hereinafter call the defendant] is this day convicted before the said Court for having [etc., state the Complaint concisely].

And it is adjudged that the defendant do forfeit and pay the sum of [state the penalty, [and also $........................... compensation [if any] to be pad to].

And do also pay to the said [complainant, or other person as the case may be] the sum of ........................... for costs;

And if the said several sums be not paid forthwith [or on or before the ........................... day of ........................... 20 ], it is adjudged that the defendant be imprisoned [with or without] hard labour or [detained in police custody] in the for the term of ........................... unless the said several sums shall be sooner paid.

[Signed]

Magistrate of the said District.

(b) Conviction where the Punishment is be Imprisonment or Detention.

(Heading as in No. 116.)

The ........................... day of ........................... 20.

[Name], [hereinafter call the defendant] is this day convicted before the said Court for having [etc., state the Complaint concisely].

(Heading as in (a).)

Sentence. $........................... fine [and $ costs], and in default imprisonment [etc., as in (b).] $........................... paid. Balance payable $. Balance of said imprisonment [state period]. Warrant [etc., as in (b) ].

INDORSEMENT OF PAYMENTS

(Same as in No. 186.)

(d) Commitment Extract.__Fine or Imprisonment (time allowed).

(Heading as in (a).)

Sentence. $........................... fine [and $........................... costs] payable [within [state period] or on or before the [date] or by instalments of $........................... monthly, weekly, or every [so many] days, as the case may be] and in default imprisonment [etc., as in (b).]

$........................... paid. Balance payable [etc., as in (c) ].

Warrant [etc., as in (b) ].

INDORSEMENT OF PAYMENTS

(As in No. 186)

(e) Commitment Extract.___Recognizance.

(Heading as in (a). )

Sentence. $........................... recognizance for good behaviour for [period] [from date of conviction] [with suret, severally, in $........................... ], [if costs are ordered] and $........................... costs], and in default imprisonment [etc., as in (b) ].

$........................... paid. Balance payable [etc., as in (c) ].

Warrant [etc., as in (b)].

(f) Commitment Extract.__Recognizance.

(Heading as in (a). )

Sentence. $ fine [etc., as in (d) ], and $ recognizance [etc., as in (e) ].

Warrant [etc., as in (b) ].

INDORSEMENT OF PAYMENTS

(As in No. 186)

(g) Commitment Extract.___ Fine and Recognizance

(Heading as in (a).)

Sentence. $........................... fine, and in default imprisonment [etc., as in (b) ], and $ recognizance [etc., as in (e)], and in default further imprisonment [etc., as in (b) ].

Warrant [etc., as in (b)].

And it is adjudged that the defendant be [imprisonment [with or without] hard labour [or] detained in police custody] in the ........................... for ........................... the term of and it is also adjudged that the defendant do pay to the said [complainant, or other person as the case may be] the sum of ........................... for costs;

And if the sum for costs be not paid forthwith [or on or before the day of 200 ] then it is adjudged that the defendant be imprisoned [with or without] hard labour [or detained in police custody] in the for the term of ........................... to commence at and from the termination of the [imprisonment or detention] aforesaid, unless the said sum for costs shall be sooner paid.

[Signed]

Magistrate of the said District.

Note.__ although the above forms are given, it is to be remembered that formal convictions are, however, no longer compulsory. A copy of extract of a Minute of a Conviction or Order is quite sufficient. See ss. 714, 734 (2),1056.

__________________

232.

Extract of conviction. ___s.1056

Sentence. [Whether imprisonment only or otherwise as the case may be, see Form 230 and various sentences indicated or whatever the adjudication or other or sentence may be].

[Signed]

Clerk of the said District Court.

Note.__ This form may be produced as evidence of conviction.

For other forms of extracts of orders and convictions, see No. 179.

__________________

233.

Extract List of Previous Convictions.___s.1056.

LIST of convictions in the ........................... District Court applying to [name, etc.]
Date. Place of Trial. Offence Sentence

[Signed]

Clerk of the said District Court.

Note.___ a like form may be adapted for the Supreme Court and signed by the Registrar.

This form may be used as evidence of previous convictions.

__________________

234.

Minutes of Procedure, etc. (District Court).

[Place. Date. Name.] Magistrate.

Complaint not appearing, dismissed [if with costs, add, with costs $ ] or as the case may be, or if adjourned, [adjourned to [date and hour].

Appeared. [Parties or Complaint or Defendant. Defendant failed to appear, or as the case may be.]

Plea. Adjourned to [date and hour].

[As to Minutes of Orders and Sentences. Dismissals, No. 137;

Conviction, or for Payment of Money or otherwise generally, Nos. 137, 178, 192;

Recognizances, Nos. 209, 213, 216, 227;

Where there are several accused and different sentences pronounced the sentence applicable to each may be minuted against his or her name under the appropriate form.

For Extracts, see Nos. 179, 230, 232, 233, 238.

__________________

235.

Previous Convictions.

Where previous convictions may be charged, a paragraph in the charge may be added as follows -

And the [defendant or accused] has been previously convicted as follows, that is to say on [state of conviction, place of trail, Court, offence and sentence] or [if several], [enumerating and describing them as suggested] or [if a list is preferred] [as in the List annexed marked ] Such list may be like No. 233 adapted.

__________________

236.

Oats and Affirmations by Witness. __ss. 686, 740.

(a) Affirmation.

I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth and nothing but the truth.

Note.__ See s. 9 of.Oaths and Affirmation Act.

As to Affirmation by Juror, see No. 63.

(b) Oath in General by Christian.

I swear by Almighty God that the evidence to be given by me shall be the truth, the whole truth and nothing but the truth. so help me God.

I swear by Almighty God that I shall speak the truth, the whole truth and nothing by the truth. So help me God.

Note.__ The witness shall hold the New Testament in his uplifted hand and shall say or repeat after the officer the words of the oath. If a Roman Catholic or other person who so desires, instead of a testament he or she may hold a crucifix in his or her uplifted hand or keep his or her hand uplifted before a crucifix. No kissing of book or crucifix is required. See s. 4 of Oaths and Affirmations Act.

I swear by Almighty God [as I shall answer to God at the great day of Judgement] I will speak the truth, the whole truth and nothing but he truth.

Note.__ The officer requests the witness to hold up his or her right hand and

to repeat the words of the oath. No book of any kind is used.

Note.___ See s. 5 of. Oaths and Affirmation Act.

(d) Oath in General by Jew.

I swear by Almighty God that the evidence to be given by me shall be the truth, the whole and nothing but the truth. So help me God.

Note.__ The witness shall hold the Old Testament in his uplifted hand and shall say or repeat after the officer the words of the oath. See s. 4 of Oaths and Affirmations Act. No kissing of the book is required.

(e) See for other Oaths __ By Jury, Nos. 61, 62; Officer in charge of Jury, No. 69;

Voir dire, No. 70; Person trying Challenge, No. 70; Witness on Trial of Challenge, No. 70.

__________________

237.

Order to rioters. __s. 342

This Proclamation may be in such form as is thought fit, and may be as follows __

The Governor General charges and commands all persons, being assembled, immediately to disperse to their homes or to their lawful business upon the pains contained in the Criminal Code, or any other law.

__________________

238.

Supreme Court Records. __ss. 848, 1056

(a) Certified Extract from the Crown Book. __ ss. 848 (b), 1056.

From the Minutes in the Crown Book.

(Heading as in No. 71.)

[Copy the entry or part of entry required and add following Certificate Certified a true Extract from the Crown Book.

[Signed]

(b) Certificate of Indictment, etc. __ss.848 (c), 1056.

(Heading as in No. 71)

I certify that the accused [name, etc.] was indicted for having [etc., state charge on indictment] and was tried before The Honourable [name], Puisne Judge, at ........................... and a jury.

The jury found the accused guilty [or not guilty or guilty on such and such counts, and not guilty on such and such counts, enumerating them].

The Judge sentenced the accused [state sentence].

Dated, etc.

[Signed]

Registrar of the Supreme Court.

Note. __ The necessary variations may be made in the certificate, e.g., in case of a verdict of “not guilty” instead of paragraphs 2 and 3, “the jury found the accused “not guilty” “,substituted.

Previous Next

Schedule 5

1. Short title

3. Application of Code

4. General construction of Code

5. Common law procedure to apply where necessary

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. Age of criminal responsibility

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

47. Automatism

48. Duress of circumstance

49. Duress by threat

50. Necessity

51. Proof of defence of automatism, duress or necessity

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

56. Intent

57. Transferred Intention

58. Definition of negligence

59. Negligence where act likely to cause unjustifiable event

60. Recklessness

61. Definition of threat

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

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

85. Murder

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

100. Wounding

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

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

118. Stalking

119. Report of suspected cases of abuse

120. Kidnapping

121. False imprisonment

122. Interpretation

123. Rape

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

133. Buggery

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

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

157. Incest

158. Attempt to commit incest

159. Divesting guardian of authority over minor

160. Abduction

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

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

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

206. Robbery

207. Burglary

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

223. Blackmail

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

2. Commencement

238. Completeness of imitation unnecessary

239. Falsification effected within or beyond jurisdiction immaterial

240. Testing suspected tendered note

241. False claims generally

6. Interpretation

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

27. (Repealed by Act 9 of 2018)

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

280. Gambling

281. Defence of innocent intention

282. Penalty

283. Criminal liability of debtor despite composition or discharge

284. Extortion by accusation of infamous offence

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

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

307. Treason

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

313. Libel

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

353. Affray

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

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

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

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

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

108. Duty constituted by office, undertaking or conduct

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

134. Bestiality

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

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

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

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

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

495. Nuisance to public work

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

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

171. “Child stealing” defined and explained

521. Mask wearing in public

522. Drunk and disorderly in public

285. Extortion or attempted extortion by threats

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

557. Exemption

558. Proceedings for an offence

559. Definitions

560. Vagrant or idle or disorderly person

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

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

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

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

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

654. Definition of “Court”

655. Jurisdiction generally

656. Jurisdiction in receiving or unlawful possession

657. Bona fide question of title to land

658. Saving

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

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

710. Dismissal or order against defendant

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

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

773. Procedure

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

779A. Pocedure

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

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

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)

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.

826. Exception

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

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

561. Annoyance in a public place

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

923. Verdicts

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

584. Bringing person arrested before Court

933. Revision of list

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

935. Appeal

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

719. Court to be open and public generally

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

961. Tales

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

999. Alloctus

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

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

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

711. Remand for medical examination

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

1084. Forms

1085. Tariffs of fees

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

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

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

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

1154. Offences

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

1171. Contributions towards institutions

1172. Appointments

1173. Rules

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

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

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

1233. Penalty

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

1248. Writ of execution and proceedings thereon

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

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

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

1264. Repeals

Schedule 1

Schedule 2

Schedule 6

Schedule 7

Schedule 8

1043. Presumption from things found in betting-house

1124. Commencement of imprisonment on conviction before High Court

1141. Grant of parole

1170. Duties of probation officers

1174. Persons eligible to serve extra mural sentence

1247. Hearing and power to remit or enforce

1249. Custody of person arrested

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

Schedule 3

Schedule 4

Revised Laws of Saint Lucia (2021)

Schedule 5

FORMS

BLANK FORMS

NAMES AND DESCRIPTIONS

ARREST, BAIL, REMAND AND COMMITMENT GENERALLY. BAIL AND RECOGNIZANCE IN GENERAL

Address

CONTACT

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Date	Party Name and Residence	Sureties Name and Residence	Condition or Obligation	Whether by recognizance, deposit of money, or of articles, in which case describe articles	Constable in Charge	Remarks
				Amount

Number or other identifying mark on Exhibit	Short description of Exhibit	Produced by Prosecution or Accused	Custody, (See s.804 and note below)
1. 2.	Letter dated From To Cattle Skin.	Prosecution	Police.

Juror's Name: Surname Christian Name	Place of Abode	Calling	Nature or Qualification	Remarks

Nos.	Juror's Names	Place of Abode	Calling	Nature of Qualification

Name of Juror	On whom and where served	When served	By whom served

Name of Persons	On whom return served	when served	By whom served