Revised Laws of Saint Lucia (2021)

1162.   Commission of further offence

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    (1)   Subject to subsection (2), if it appears to a judge or magistrate that a probationer has been convicted of an offence committed during the probation period and has been dealt with in respect of that offence, he or she may issue a summons requiring the probationer to appear at the place and time specified in the summons or may issue a warrant for his or her arrest.

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    (2)   A magistrate shall not issue such summons or warrant, except upon information in writing and on oath.

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    (3)   A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the Court by which the probation order was made, or before the supervising Court.

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    (4)   Where a warrant is issued requiring the probationer to be brought before the High Court, if he or she cannot forthwith be brought before the Court because the Court is not sitting, the warrant shall have effect as if it directed him or her to be brought before the magistrate of the district where he or she is arrested, and the magistrate shall commit him or her to custody or release him or her on bail (with or without sureties) until he or she can be brought or appear before the High Court.

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    (5)   If a person in respect of whom a probation order has been made by the High Court is convicted and dealt with by a district court in respect of an offence committed during the probation period, the magistrate may commit him or her to custody or release him or her on bail (with or without sureties) until he or she can be brought to appear before the High Court; and if he or she does so, the magistrate shall send to the High Court a copy of the minute or memorandum of the conviction entered in the Court register signed by the clerk of the Court together with such other particulars of the case as may be desirable.

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    (6)   Where it is proved to the satisfaction of the Court by which a probation order was made, or to the satisfaction of the supervising Court, that the person in whose case that order was made has been convicted and dealt with in respect of an offence committed during the probation period, the Court may deal with him or her as if he or she had been convicted by that Court of that offence.

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    (7)   If a person in respect of whom a probation order has been made by a district court is convicted before the High Court of an offence committed during the probation period, or is dealt with by the High Court for an offence so committed in respect of which he or she was committed for sentence to the High Court, the High Court may deal with him or her for the offence for which the order was made in any manner in which the district court could deal with him or her if it had convicted him or her of that offence.

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    (8)   If a person in respect of whom a probation order has been made by a district court is convicted by another district court of any offence committed during the probation period, the Court may, with the consent of the Court which made the order or of the supervising Court, deal with him or her, for the offence for which the order was made, in any manner in which the Court could deal with him or her if it had convicted him or her of that offence.