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775.   Summary trial of complaint against adult for certain indictable offences

Revised Laws of Saint Lucia (2021)

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775.   Summary trial of complaint against adult for certain indictable offences

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    (1)   The following provisions of this section shall have effect where a person who has attained the age of 16 years is brought before a district court on a complaint charging him or her with any indictable offence specified under this section.

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    (2)   If at any time during a sufficiency hearing into an offence it appears to the Court, having regard to any representations made in the presence of the defendant by the prosecutor or made by the defendant, and to the nature of the offence, that the punishment that the Court has power to impose under this section would be adequate and that the circumstances do not make the offence one of serious character and do not for other reasons require trial on indictment, the Court may proceed to try the case summarily.

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    (3)   For the purpose of proceeding under subsection (2), the Court shall cause the charge to be written down, if this has not already been done, and read to the defendant and shall inform him or her that he or she may, if he or she consents, be tried summarily instead of being tried by a jury, and if the Court thinks it desirable for his or her information, shall explain what is meant by being tried summarily.

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    (4)   The Court, after informing the defendant of his or her options as required under subsection (3), shall ask him or her whether he or she wishes to be tried by a jury or consents to be tried summarily, and if he or she consents to be tried summarily, the Court shall proceed to summary trial of the complaint.

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    (5)   A person summarily convicted of an indictable offence under this section is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $2,000.

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    (6)   Nothing in this section shall empower a district court to try an indictable offence summarily—

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      (a)     without the consent of the prosecutor in a case affecting the property or affairs of the Government or of any local authority or other body which has power to act under or for the purposes of any enactment relating to local government;

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      (b)     without the consent of the Director of Public Prosecution where the prosecution is being carried on by or on behalf of the Director of Public Prosecutions.

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    (7)   Where any person is convicted under this section of an offence of inciting to commit a summary offence, he or she is not liable to a penalty greater than that to which he or she would otherwise be liable if he or she were convicted summarily of the summary offence.

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    (8)   Despite any provisions of this Code on attempts, where a person is convicted under this section of attempting to commit an offence that is both an indictable offence and a summary offence, he or she is not liable to any greater penalty than he or she would be liable to on being summarily convicted of the completed offence.

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    (9)   The offences to which this section relates are—

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      (a)     offences under section 94 of this Code (attempted suicide);

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      (b)     offences under sections 243, 244 and 245 of this Code (relating to noteage);

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      (c)     offences under sections 251 to 258 and section 262 of this Code (relating to fraud);

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      (d)     offences under section 259 of this Code in relation to any document being an authority or request for payment of money where the amount of the money does not exceed $500;

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      (e)     offences under section 263 of this Code where the document uttered, dealt with or used is a document included in the sections mentioned in paragraphs (c) and (d) of this subsection;

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      (f)     offences under section 199 of this Code (relating to stealing);

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      (g)     offences under sections 26 to 31 of the Post Office Act, or any enactment replacing it;

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      (h)     offences under section 4 of the Statutory Declarations Act or any enactment replacing it;

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      (i)     aiding and abetting, counselling or procuring the commission of any offence referred to in paragraphs (a) - (h), attempting to commit any such offence and attempting to commit any offence that is both an indictable offence and a summary offence.

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    (Amended by Act 11 of 2008)

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