Revised Laws of Saint Lucia (2021)

26.   Assistance to country in relation to certain orders

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   (1)   This section applies where—

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      (a)     an order is made in a Commonwealth country—

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         (i)     confiscating property derived or obtained, directly or indirectly, from the commission of a specified serious offence,

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         (ii)     imposing on the person against whom the order is made, a pecuniary penalty calculated by reference to the value of property so derived or obtained, or

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         (iii)     restraining dealing with property which is or is suspected, on reasonable grounds, of being property so derived or obtained;

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      (b)     property available for the satisfaction of the order or the pecuniary penalty under the order, or to which the order would apply, as the case may be, is suspected, on reasonable grounds, to be in Saint Lucia;

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      (c)     a request is transmitted requesting that the order concerned be enforced in accordance with the laws of Saint Lucia and that, to that end, Saint Lucia gives appropriate assistance; and

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      (d)     the request is accepted.

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   (2)   Where this section applies, the Attorney General shall cause an application to be made to the High Court in accordance with the Rules of court for the registration of the order concerned.

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   (3)   On application made under subsection (2) the High Court shall register the order if it is satisfied—

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      (a)     that at the time of registration the order is in force; and

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      (b)     in the case of an order such as is referred to in subsection (1)(a)(ii)—

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         (i)     that the person against whom the order was made appeared in the proceedings or, if he or she did not do so, that he or she received notice of the proceedings in sufficient time to enable him or her to defend them, or that he or she had died or absconded before such notice could be given to him or her, and

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         (ii)     that the order is not subject to appeal.

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   (4)   Where an order is registered in accordance with this section, a copy of any amendments made to the order (whether before or after registration) may be registered in the same way as the order and the amendments do not, for the purpose of this Act, have effect until they are registered.

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   (5)   An order or an amendment of an order shall be registered by the registration, in accordance with the Rules of court, of—

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      (a)     a copy of the order on amendment sealed by the court or other authority making the order or amendment; or

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      (b)     a copy of the order or amendment duly authenticated in accordance with section 31(2)(a).

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   (6)   The High Court shall, after appropriate notice has been given to the central authority for Saint Lucia cancel the registration of an order in accordance with this section if it appears to the court to have ceased to have effect in the Commonwealth country that made the request for assistance.

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   (7)   The regulations may make provision for and with respect to the enforcement in Saint Lucia of an order registered in accordance with this section and may, for that purpose, direct that any Act shall apply in relation to any such order, subject to such limitations, exceptions or restrictions (if any) as may be prescribed and the Act shall apply accordingly.

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   (8)   In this section, “appeal” includes any proceedings by way of discharging or setting aside a judgement or an application of a new trial or stay of execution.