Revised Laws of Saint Lucia (2021)

607.   Arrest for absconding etc.

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    (1)   Where a person who has been released on bail and is under a duty to surrender to custody of a Court fails to surrender to custody at the time and place appointed for him or her to do so, the Court may issue a warrant for his or her arrest.

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    (2)   Where a person who has been released on bail absents himself or herself from the Court at any time after he or she has surrendered to the custody of the Court and before the Court is ready to begin or to resume the hearing of the proceedings, the Court may issue a warrant for his or her arrest, but no warrant shall be issued under this subsection if that person is absent in accordance with leave given to him or her by the Court.

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    (3)   A person who has been released on bail and is under a duty to surrender into the custody of the Court may be arrested without warrant by a police officer—

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      (a)     if the police officer has reasonable grounds for believing that person is not likely to surrender to custody;

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      (b)     if the police officer has reasonable grounds for believing that person is likely to break any of the conditions of his or her bail or has reasonable grounds for suspecting that person has broken any of those conditions; or

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      (c)     in a case where that person was released on bail with a surety, if a surety notifies the police in writing that the person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his or her obligations as a surety;

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      (d)     if new evidence justifying a further arrest has come to light since his or her release.

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    (4)   Where in pursuance of subsection (3)—

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      (a)     a person is arrested, that person shall be brought as soon as practicable and in any event within 72 hours after his or her arrest, before a magistrate for the district in which he or she is arrested; or

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      (b)     a person is arrested, within 72 hours of the time appointed for him or her to surrender to custody, he or she shall be brought without delay before the Court at which he or she is to surrender to custody.

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    (5)   In reckoning any period of 24 hours for the purposes of subsection (4), no account shall be taken of public holidays and Sundays.

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    (6)   The magistrate before whom a person is brought under subsection (4) may, subject to subsection (7), if of the opinion that the person is not likely to surrender to custody or has broken or is likely to break any condition of his or her bail may, subject to subsection (7)—

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      (a)     remand him or her in custody;

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      (b)     commit him or her to custody; or

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      (c)     grant him or her bail subject to the same or to different conditions, otherwise may grant him or her bail subject to the same conditions if any, as were originally imposed.

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    (7)   Where the person brought before the magistrate is a child or young person and the magistrate does not grant him or her bail, subsection (6) shall have effect subject to the provisions of section 21 of the Children and Young Persons Act.