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779.   Proceedings in case of suspected offence

Revised Laws of Saint Lucia (2021)

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779.   Proceedings in case of suspected offence

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    (1)   A magistrate who has reason to believe—

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      (a)     that an indictable offence has been committed within the limits of his or her jurisdiction for which the offender might, according to the law, be arrested without warrant; or

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      (b)     that there is reasonable ground for inquiring whether such an indictable offence has been committed within those limits; or

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      (c)     that there are reasonable grounds for inquiring by whom such suspected offence has been committed;

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    may, whether any particular person is charged or not, summon to the district court of his or her district any person whom he or she has reason to believe is capable of giving material evidence concerning such offence, and, if he or she thinks fit, bind the person by recognizance to appear for an initial hearing, if called upon by any Magistrate, at any time within the 6 months after the summons unless the person can show reasonable excuse to the contrary.

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    (2)   Where a person summoned pursuant to subsection (1)—

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      (a)     neglects to appear; or

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      (b)     subject to section 9(4) of the Constitution and section 107 of the Evidence Act —

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        (i)     without lawful excuse, refuses to take an oath or affirmation; or

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        (ii)     having taken an oath or affirmation without lawful excuse refuses to answer any question concerning the offence which may be put to him or her, or to enter into such recognizance;

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    he or she may be dealt with in the same manner as a witness may be dealt with who neglects or refuses to attend or give evidence, or to be bound by recognizance to do so after having been served with a summons for that purpose.

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    (Substituted by Act 11 of 2008)

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