Revised Laws of Saint Lucia (2022)

1184.   Suspended sentences

  1.  

    (1)   A Court which passes a sentence of imprisonment on an offender for a term of not more than 3 years for an offence, may suspend the sentence by ordering that the sentence shall not take effect unless—

    1.  

      (a)     during a period specified in the order, being not less than 12 months nor more than 3 years from the date of the order, (in this Sub-Part referred to as “the operational period”) the offender commits in Saint Lucia another offence punishable with imprisonment for a period exceeding 6 months (hereafter in this section and sections 1185 and 1186 referred to as “subsequent offence”); and

    1.  

      (b)     thereafter, a Court having power to do so, orders under section 1185 that the original sentence shall take effect.

  1.  

    (2)   A sentence shall not be suspended under subsection (1) if the offence involved the illegal use or possession of a firearm or the offence was in furtherance of drug trafficking or other drug related offence.

  1.  

    (3)   A Court shall not deal with an offender by means of a suspended sentence unless the case appears to the Court to be one in respect of which a sentence of imprisonment would have been appropriate in the absence of power to suspend such a sentence by an order under subsection (1).

  1.  

    (4)   A Court which passes a suspended sentence on an offender for an offence shall not make a probation order in the offender's case in respect of another offence of which the offender is convicted by or before the Court.

  1.  

    (5)   Where a Court passes a suspended sentence on an offender in respect of an offence and also a term of imprisonment in respect of another offence, the Court shall direct that the suspended sentence be concurrent with the term of imprisonment.

  1.  

    (6)   On passing a suspended sentence, the Court shall explain to the offender in ordinary language the offender's liability under section 1185, should the offender commit a subsequent offence during the operational period.