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781.   District in which to hold initial hearing

Revised Laws of Saint Lucia (2021)

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781.   District in which to hold initial hearing

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    (1)   Where a person is charged with kidnapping, child-stealing, or abduction, the initial hearing may be held in the magisterial district, in which the kidnapping, child-stealing, or abduction, took place, or in any magisterial district, through or in which, he or she conveyed or concealed or detained the person kidnapped, stolen or abducted.

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    (2)   Where a person is charged with counselling or procuring or aiding and abetting the commission of an offence, or with harbouring, the initial hearing may be held in any magisterial district, within which the initial hearing in the case of the principal offender might be held.

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    (3)   Where an offence is committed within the boundary or boundaries of 2 or more magisterial districts, or within a distance of 2 miles of each such boundary or boundaries, the initial hearing may be held in any of the magisterial districts.

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    (4)   Where an offence is committed against the person, or in respect of any property in or on any vehicle employed on any journey, or on board any vessel, employed on any voyage or journey, on any river within, or forming the boundary of any part of this State, the initial hearing may be held in any magisterial district through any part of which the vehicle or vessel has passed in the course of the journey or voyage, when the offence was committed.

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    (5)   Where a person is accused of having committed an indictable offence within the jurisdiction of any magisterial district, or in the course of a journey through the jurisdiction of such magisterial district, the hearing may be held in such district.

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    (6)   Where a person is charged with committing any offence, the initial hearing may be held in any magisterial district, within which any act or event, which is an element of the offence, has taken place, or in which the accused was arrested, or is in custody.

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    (7)   Where a person is charged with stealing, or obtaining by means of any offence any property, the initial hearing may be held in any magisterial district, within which any part of the property so stolen or obtained by such offence is found in his or her possession.

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    (8)   Where the person is alleged to have unlawfully received property which was unlawfully obtained within the limits of any magisterial district, the initial hearing may be held in that magisterial district.

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    (9)   Where a person is charged with an offence, which involves the receiving of any property by him or her, the initial hearing may be held in any magisterial district, within which he or she has any part of the property in his or her possession.

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    (10)   Where a person is accused of having committed in any place an indictable offence triable in this State, and is, or is suspected to be, within the limits of any magisterial district or resides within such limits, the initial hearing may be held in that district.

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    (11)   In special cases not falling within any of the provisions of this section, the Attorney General may authorise the initial hearing to be held in any other magisterial district.

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    (12)   In case of any doubt or dispute as to the magisterial district in which an initial hearing should be held or of an objection on the part of the accused to the holding of such hearing in any particular district, the matter shall be referred to the Attorney General whose decision shall be final.

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    (Amended by act 11 of 2008)

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