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DRUGS (PREVENTION OF MISUSE) ACT
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37.   Prosecution and punishment of offences

Revised Laws of Saint Lucia (2022)

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37.   Prosecution and punishment of offences

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    (1)   Except where expressly otherwise provided Schedule 3 shall have effect, in accordance with subsection (2), with respect to the way in which offences under this Act are punishable on conviction.

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    (2)   In relation to an offence under a provision of this Act specified in the first column of Schedule 3 (the general nature of the offence being described in the second column)—

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      (a)     the third column shows whether the offence is punishable on summary conviction or on indictment or in either way;

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      (b)     the fourth, fifth and sixth columns show respectively the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment) according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug; and

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      (c)     the seventh column shows the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment), whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of whether the drug was a Class A drug, a Class B drug or a Class C drug; and

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    (d)   in the fourth, fifth, sixth and seventh columns a reference to a period gives the maximum term of imprisonment and a reference to a sum of money the maximum fine.

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    (3)   An offence under section 29 shall be punished on summary conviction, on indictment or in either way according to whether, under Schedule 3, the substantive offence is punishable on summary conviction, on indictment or in either way; and the punishments which may be imposed on a person convicted of an offence under that section are the same as those which, under that Schedule, may be imposed on a person convicted of the substantive offence.

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    (4)   In subsection (3) “the substantive offence” means the offence under this Act to which the attempt or, as the case may be, the incitement or attempted incitement mentioned in section 29 was directed.

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    (5)   Despite the provisions of section 671 of the Criminal Code, a magistrate may try an information or complaint for an offence under this Act if the information or complaint was laid or, as the case may be, made at any time within 12 months from the commission of the offence.

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