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

Revised Laws of Saint Lucia (2022)

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

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    (1)   No magistrate, clerk of the Court, or prosecutor in the public interest shall be liable to pay or be found liable by any Court in damages for or in respect of any proceedings taken, acts done, or judgment, decree, or sentence pronounced under this Code, unless—

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      (a)     the person suing has suffered imprisonment in consequence thereof, and such proceedings, act, judgment, decree, or sentence has been quashed; and

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      (b)     the person specifically avers and proves that such proceedings, act, judgment, decree or sentence were taken, done, or pronounced maliciously and without probable cause.

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    (2)   No such liability shall be incurred or found where the magistrate, clerk of the Court, or prosecutor establishes that the person suing was guilty of the offence in respect of which he or she was convicted or, on account of which he or she was arrested or had otherwise suffered any penalty, and that he or she had undergone no greater punishment than was prescribed by law for such offence.

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    (3)   Every such action or proceeding shall, unless a shorter period is fixed by the enactment under which proceedings may be taken, be commenced within 2 months after the proceedings, act, judgment, decree, or sentence in respect of which the action or proceeding is instituted.

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    (4)   The provisions of this section are without prejudice to any other privileges and immunities conferred by law.

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