Revised Laws of Saint Lucia (2021)

711.   Remand for medical examination

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    (1)   If, on trial of an offence punishable on summary conviction with imprisonment, the Court is satisfied that the offence has been committed by the accused, but is of the opinion that an inquiry ought to be made into his or her physical or mental condition before sentence is passed on him or her, the Court shall adjourn the case to enable a medical examination and report to made on him or her.

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    (2)   Where the case is adjourned the Court shall remand the accused for the purpose of the medical examination, but the adjournment shall not be for more than 3 weeks at a time.

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    (3)   Where the accused is remanded on bail, it shall be a condition of the recognizance that he or she undergoes medical examination by such duly qualified medical practitioner at such institution or place as may be specified in the recognizance.

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    (4)   Where arrangements have been made for the admission of the accused, into an institution or place it may be a condition of the recognizance that he or she shall, for the purpose of the examination remain for such period as may be specified in the recognizance, in the institution or place other than an institution or place to which he or she could have been committed.

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    (5)   Where the Court on committing any person for trial on bail is of the opinion that an inquiry ought to be made into his or her physical or mental condition under subsection (1), it may make it a condition of the recognizance taken for the purposes of his or her committal, but subject to the condition for his or her appearance, that he or she shall undergo the medical examination or shall remain in such institution or place for the medical examination as specified in the recognizance.

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    (6)   Despite anything in the Mental Hospitals Act, or any enactment replacing it, a person released on a recognizance on the conditions provided in this section may be received, for the purpose of the medical examination, in a mental hospital or licensed house within the meaning of the Mental Hospitals Act.

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    (7)   A person received under this section in a licensed house or mental hospital shall, for the purposes of any provisions of the Mental Hospitals Act or any enactment replacing it, relating to the number of patients who may be so received, be treated as a patient.