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881.   Defects, omissions, variances

Revised Laws of Saint Lucia (2022)

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881.   Defects, omissions, variances

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    (1)   If, on trial of any indictment, there appears to be a variance between the proof and the charge in any count in the indictment, either as preferred, or as amended, or as it would have been if amended in conformity with any such particulars, the Court may amend the indictment, or any count in it, or any particulars so as to make it conformable with the proof.

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    (2)   If the Court is of opinion that the accused person has not been misled or prejudiced in his or her defence by such variance, it shall make such amendment.

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    (3)   If it appears that there is in the indictment, or in any count in it, an omission to state or a defective statement of anything requisite to constitute the offence, but that the matter omitted is provided by the evidence, the Court shall, if it is of the opinion that the accused has not been misled or prejudiced in his or her defence by such omission, amend the count by inserting in it the matter omitted.

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    (4)   The trial in either of these cases may then proceed in all respects as if the indictment or count had been originally framed as amended.

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    (5)   If the Court is of the opinion that the accused has been misled or prejudiced in his or her defence by any variance, or omission, or defective statement, but that the effect of such misleading or prejudice might be removed by adjourning or postponing the trial, the Court may, in its discretion, make the amendment and adjourn the trial to a future day in the same sittings, or discharge the jury and postpone the trial to the next sittings of the Court, on such terms as it thinks just.

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    (6)   In determining whether the accused has been misled or prejudiced in his or her defence, the Court shall consider the contents of the written statements, or depositions tendered by the prosecution, as well as such other circumstances of the case.

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