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876.   Non-appearance of accused

Revised Laws of Saint Lucia (2022)

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876.   Non-appearance of accused

When any person against whom an indictment has been duly preferred is at large, and does not appear to plead to the indictment, whether he or she is under recognizance to appear or not—

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    (a)     the Court may issue a warrant for his or her arrest;

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    (b)     the Registrar shall, at any time after the end of the sitting of the Court at which the accused person ought to have appeared and pleaded, grant to the prosecutor, upon application made on his or her behalf and upon payment of $5, a certificate of such indictment having been preferred;

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    (c)     upon production of the certificate to any magistrate or justice of the peace, the magistrate or justice shall issue a warrant to arrest the accused, and to cause him or her to be brought before the magistrate or justice, to be dealt with according to law;

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    (d)     if it is proved upon oath before a magistrate that any person arrested and brought before him or her on such warrant is the person charged and named in the indictment, the magistrate shall, without further inquiry or examination, either commit to correctional facility by a warrant or release him or her on bail, and if it appears that the accused had, without reasonable excuse, broken his or her recognizance to appear, he or she shall not be entitled to bail as of right;

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    (e)     if it is proved upon oath before the magistrate or justice of the peace that the accused person is, at the time of the application and production of the certificate, confined in a correctional facility for any other offence than that charged in the indictment, the magistrate or justice of the peace shall issue a warrant directed to the correctional officer, commanding him or her to detain the person in custody until he or she is, by lawful authority, removed from custody.

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