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PART 1 General Provisions as to Evidence and Information
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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PART 1
General Provisions as to Evidence and Information

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      (1)     Without prejudice to any other provisions of this Act, the Director of Finance and Planning may give to any person in or resident in Saint Lucia directions requiring him or her, within such time and in such manner as may be specified in the directions, to furnish to him or her, or to any person designated in the directions as a person authorised to require it, any information in his or her possession or control which the Director of Finance and Planning or the person so authorised, as the case may be, may require for the purpose of securing compliance with or detecting evasion of this Act.

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      (2)     A person required by any such directions as aforesaid to furnish information shall also produce such books, accounts or other documents (hereafter in this Part of this Schedule referred to as “documents”) in his or her possession or control as may be required for the said purpose by the Director of Finance and Planning or by the person authorised to require the information, as the case may be.

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      (3)     The preceding provisions of this paragraph shall not be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him or her in that capacity.

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      (4)     Where a person is convicted on indictment for failing to give information or produce documents when required so to do under this paragraph, the court may make an order requiring the offender, within such period as may be specified in the order, to comply with the requirement to give the information or produce the documents.

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      (1)     If a justice of the peace is satisfied by information on oath given by a person authorised by the Director of Finance and Planning to act for the purposes of this paragraph either—

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        (a)     that there is reasonable ground for suspecting that an offence against this Act has been or is being committed and that evidence of the commission of the offence is to be found at any premises specified in the information, or in any vehicle, vessel or aircraft so specified; or

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        (b)     that any documents which ought to have been produced under the preceding paragraph and have not been produced are to be found at any such premises or in any such vehicle, vessel or aircraft,

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      he or she may grant a search warrant authorising any police officer, together with any other person named in the warrant and any other police officers, to enter the premises specified in the information or, as the case may be any premises upon which the vehicle. vessel or aircraft so specified may be, at any time within one month from the date of the warrant, and to search the premises or, as the case may be, the vehicle, vessel or aircraft.

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      (2)     A person authorised by any such warrant as aforesaid to search any premises or any vehicle, vessel or aircraft, may search every person who is found in, or whom he or she has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, vessel or aircraft, as the case may be, and seize any article found in the premises or in the vehicle, vessel or aircraft which he or she has reasonable ground for believing to be evidence of the commission of any offence against this Act or any documents which he or she has reasonable ground for believing ought to have been produced under the preceding paragraph.

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           However, a female shall not, under any warrant issued under this paragraph, be searched except by a female.

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      (3)     Where, by virtue of this paragraph, a person has any power to enter any premises, he or she may use such force as is reasonably necessary for the purpose of exercising that power.

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      (1)     Any article coming into possession of an executive authority (whether in consequence of the seizure of the article under or by virtue of this Act or otherwise) which the authority has reasonable ground for believing to be evidence of the commission of an offence against this Act may be retained for a period of 3 months or, if within that period there are commenced proceedings in respect of such an offence in which the article is, or can properly be, adduced in evidence, until the final determination of those proceedings.

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      (2)     For the purposes of this paragraph, any person to whom any powers of the competent authority under this Act are delegated or on whom any functions are conferred by or by virtue of this Act, including any police officer, is considered to be an executive authority.

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      (3)     For the purposes of this paragraph, any proceedings are considered not to have been finally determined so long as there is pending any appeal in the matter of the proceedings, and an appeal in that matter is considered to be pending during the ordinary time within which such an appeal may be lodged, and, if such an appeal is duly lodged, the appeal is considered to be pending until it is decided or withdrawn.

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      (4)     The powers conferred by this paragraph in relation to any article shall be in addition to, and not in derogation of, any powers otherwise exercisable in relation thereto.

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    4.   A person in or resident in Saint Lucia shall not—

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      (a)     with intent to evade the provisions of this Act, destroy, mutilate, deface, secrete or remove any documents;

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      (b)     in furnishing any information for any of the purposes of this Act make any statement which he or she knows to be false in a material particular, or recklessly make any statement which is false in a material particular;

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      (c)     obstruct any person in the exercise of any powers conferred on him or her by virtue of this Part of this Schedule.

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