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761.   Power of magistrate to enforce appeal judgment

Revised Laws of Saint Lucia (2021)

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761.   Power of magistrate to enforce appeal judgment

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    (1)   Subject to the provisions of this section, after the Court has delivered its judgment, the magistrate of the Court against whose decision the appeal is made, shall have the same jurisdiction and power to enforce any decision which has been confirmed or varied by the Court, or any judgment which has been pronounced by the Court, in the same manner in all respects, as if such decision or judgment had been pronounced by the magistrate.

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    (2)   Where an order for the imprisonment of any person, or for the payment of money and in default of payment for the imprisonment of the person, is confirmed or varied, or made originally on appeal, the pronouncement of the sentence shall be a sufficient warrant without more for the arrest, detention and commitment to a correctional facility of the person.

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    (3)   The imprisonment of the person, if it has not already commenced, shall commence from the day on which he or she is in actual custody in the correctional facility where he or she may have been ordered to be imprisoned.

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    (4)   Where the person has been discharged from imprisonment on giving the requisite security under section 733, he or she shall be imprisoned for such further period as, together with the time during which he or she may already have spent in the correctional facility, may be equal to the period for which he or she was ordered to be imprisoned.

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