Revised Laws of Saint Lucia (2022)

773.   Procedure

Where an indictable offence is, under the circumstances stated in sections 774 and 776 authorised to be dealt with summarily—

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    (a)     the procedure shall, unless the Court exercises its power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout the trial as an indictable offence, but when the Court exercises its power to deal with the offence summarily, the same procedure shall apply as if the offence were a summary offence and not an indictable offence, and the provisions of this Code shall apply accordingly;

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    (b)     the evidence of any witness taken before the Court exercised its power to try the offence summarily need not be taken again, but every witness shall, if the defendant so requires it, be recalled for the purpose of cross-examination;

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    (c)     a conviction for the offence shall have the same effect as a conviction for the offence on indictment;

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    (d)     where the Court exercises the power to deal with the case summarily, and dismisses the complaint, it shall, if required, deliver to the person charged, a copy of the order of dismissal duly certified under the hand of the magistrate and such dismissal shall have the same effect as an acquittal on a trial on indictment for the offence;

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    (e)     in the case of a child, the conviction shall contain a statement, as to the consent or otherwise of his or her parent or guardian, and, in case of a young person, of the consent of the person, to be tried by the Court.