Revised Laws of Saint Lucia (2021)

1183.   Commission of further offence by person conditionally discharged

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    (1)   If it appears to a judge or a magistrate that a person in whose case an order for conditional discharge has been made, has been convicted in Saint Lucia of an offence committed during the period of conditional discharge and has been dealt with in respect of that offence, then, subject to subsection (2), the judge or magistrate may issue a summons requiring that person to appear at the time and place specified in the summons, or may issue a warrant for that person's arrest.

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

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    (3)   A summons or warrant issued under subsection (1) shall direct that the person to whom it relates appear or be brought before the Court that made the order for conditional discharge.

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    (4)   If a person in whose case an order for conditional discharge has been made by the High Court is convicted in a magistrate's court of an offence committed during the period of conditional discharge, the magistrate may either commit the offender to custody, or may release the offender on bail, until the offender can be brought before the High Court; and if the magistrate does so, the magistrate shall send to the High Court a copy of the record of the conviction entered in the register of the magistrate's court, signed by the clerk of that Court.

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    (5)   Where it is proved to the satisfaction of the Court that made an order for conditional discharge that the offender in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the Court may deal with the offender, for the offence for which the order was made, in any manner in which it could deal with the offender if the offender had just been convicted of that offence by or before that Court.

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    (6)   If a person in whose case an order for conditional discharge has been made by a magistrate's court—

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      (a)     is convicted before the High Court of an offence committed during the period of “conditional discharge”; or

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      (b)     is dealt with by the High Court for any such offence in respect of which the offender was committed for sentence to the High Court, the High Court may deal with the offender, for the offence for which the order was made, in any manner in which the magistrate's court could deal with the offender if it had just convicted the offender of that offence.