2. Definitions
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(1) In this Act—
“article” includes document;
“central authority” means—
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(a) in relation to Saint Lucia, the person or authority designated under section 3; and
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(b) in relation to any Commonwealth country, the person or authority designated by that country for the purpose of transmitting and receiving requests under the Scheme;
“Commonwealth country” means—
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(a) a sovereign and independent country within the Commonwealth; and
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(b) every independent country within the Commonwealth;
“confiscation order” means such order made under the Proceeds of Crime Act;
“criminal matter” means—
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(a) in Part 2—
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(i) an investigation certified by the central authority of Saint Lucia to have commenced, or
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(ii) proceedings so certified to be criminal proceedings which have been instituted,
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in Saint Lucia with respect to an offence committed, or suspected on reasonable grounds to have been committed, against the laws of Saint Lucia; or
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(b) in Part 3 in relation to a Commonwealth country—
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(i) an investigation certified by the central authority for that country to have commenced, or
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(ii) proceedings so certified to be criminal proceedings which have been instituted,
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in the Commonwealth country in respect of an offence committed, or suspected on reasonable grounds to have been committed, against the laws of that country, and in any case includes forfeiture proceedings, proceedings to restrain dealing with property, proceedings for the imposition of pecuniary penalties calculated by reference to the value of property, arising out of criminal proceedings whether such proceedings be characterized as criminal or civil proceedings;
“document” includes
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(a) anything on which there is writing;
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(b) a map, drawing or photograph;
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(c) anything from which sounds or visual images are capable of, with or without aid of a device, being reproduced;
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(d) a copy, reproduction or duplicate of a document as so defined; and
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(e) a part of a document as hereinbefore defined;
“judicial records” means judgements, orders and decision of courts, and other records held by judicial authorities;
“Minister” means the Minister for the time being assigned the responsibility for legal affairs;
“official records” means documents held by government departments or agencies or prosecution authorities;
“property” includes money and all other property, real or personal, immovables or movables, including things in action and other intangible or incorporeal property, whether situated in Saint Lucia or elsewhere, and includes any interest in any such property;
“regulations” means regulations made under section 35;
“relevant proceedings” means proceedings under this or any other Act arising directly or indirectly from a request for assistance under this Act by a Commonwealth country;
“restraining order” means such order made under the Proceeds of Crime Act;
“Scheme” means a scheme relating to mutual assistance in criminal matters within the Commonwealth;
“serious offence” means—
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(a) in relation to Saint Lucia, an offence against the laws of Saint Lucia—
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(i) for which a sentence of death, or imprisonment for a maximum or minimum term of not less than 3 years, may be, or is required to be, imposed, or
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(ii) the value of the property derived or obtained from the commission of which is or is likely to be not less than $25,000.00 or such greater amount as may be prescribed;
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(b) in relation to a Commonwealth country, an offence against the laws of the country—
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(i) for which a sentence such as is specified in paragraph (a)(i) may be, or is required to be imposed, or
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(ii) the value of the property derived or obtained from the commission of which is certified by the central authority for the country to be, or likely to be not less than such amount as prescribed by or under the laws of the country;
“transmitted”, in relation to a request means—
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(a) in Part 2, transmitted by the central authority for Saint Lucia to the central authority for the Commonwealth country from which assistance is requested;
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(b) in Part 3 transmitted by the central authority for the Commonwealth country a request for assistance, to the central authority for Saint Lucia.
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(2) A reference in this Act to the laws of a Commonwealth country includes a reference to the law or a part of the law in force in part of, that country.
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(3) For the purposes of this Act, a ship or aircraft of, or registered in Saint Lucia or a Commonwealth country shall be deemed to be part of Saint Lucia or, as the case may be, the Commonwealth country.
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(4) For the purposes of this Act, a person shall be deemed to have been charged with a serious offence in Saint Lucia or, as the case may be, in a Commonwealth country, if any information or indictment has been laid or filed against the person for the offence, whether or not—
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(a) a summons to require the attendance of the person to answer to the information or indictment, has been issued; or
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(b) a warrant for the apprehension of the person, has been issued.
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(5) Where, in Saint Lucia or a Commonwealth country—
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(a) a person is convicted by a court of a serious offence; and
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(b) with his or her consent another serious offence, of which he or she has not been found guilty is taken into account by the court in passing sentence for the offence referred to in paragraph (a),
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the person shall, for the purposes of this Act, be considered to have been convicted by the court of the offence so taken into account on the date on which the sentence was so passed.
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(6) A reference in this Act to property derived or obtained from the Commission of an offence shall be deemed to include a reference to property used in, or in connection with, the commission of the offence.