Revised Laws of Saint Lucia (2021)

19.   Exceptions to section 18

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   (1)   Section 18 shall not apply to—

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      (a)     any application to a judge under this Act;

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      (b)     any proceedings for a relevant offence; and

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      (c)     proceedings before the Tribunal in relation to an offence committed pursuant to the provisions of this Act.

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   (2)   Section 18 shall not prohibit anything done in, for the purposes of, or in connection with, so much of any legal proceedings as relates to the lawfulness of a dismissal on the grounds of any conduct constituting an offence under section 3(1), or section 22.

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   (3)   Section 18(1)(a) shall not prohibit the disclosure of any contents of a communication if the interception of that communication does not constitute an offence by virtue of section 3(2)(b), (c), (d) or section 3(3).

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   (4)   Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (3), section 18(1) shall not prohibit the doing of anything in or for the purposes of, so much of any legal proceedings as relates to the question whether that disclosure is or was so authorised.

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   (5)   Section 18(1)(b) shall not prohibit the doing of anything that discloses any conduct of a person for which he or she has been convicted of an offence under section 3(1), 16 or 22.

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   (6)   Nothing in section 18(1) shall prohibit any such disclosure of any information that continues to be available as is confined to a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him or her by his or her duty to secure the fairness of the prosecution.

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   (7)   For the purposes of this section “relevant offence” means—

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      (a)     an offence under any provision of this Act;

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      (b)     an offence under the Telecommunications Act;

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      (c)     perjury in the course of any proceedings mentioned in subsection (1) or subsection (2);

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      (d)     attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and

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      (e)     contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or subsection (3).