Revised Laws of Saint Lucia (2021)

3.   Issue of warrant for transfer out of Saint Lucia

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   (1)   Subject to subsection (2), the Attorney General shall issue a warrant in the form prescribed in Form 1 of the Schedule to the Director instructing that the inmate be transferred out of Saint Lucia to the receiving state specified in the warrant where the Attorney General—

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      (a)     is satisfied that Saint Lucia is a party to a repatriation agreement with the receiving state; and

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      (b)     the appropriate authority of the receiving state has agreed in writing to the transfer of an inmate in accordance with the provisions of the repatriation agreement; and

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      (c)     the inmate has consented to being transferred to the receiving state.

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   (2)   The warrant referred to under subsection (1) shall not be issued unless—

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      (a)     all appeal procedures in respect of the inmate have been completed, the sentence is final and no procedure for review of sentence is pending at the proposed date for the issue of the warrant;

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      (b)     at the time of the receipt of the request for the transfer to the receiving state, the inmate has at least 6 months of his or her sentence left to serve;

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      (c)     the inmate consents to being transferred, or where—

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         (i)     by reason of physical or mental incapacity, or

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         (ii)     by virtue of being a minor,

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      the inmate is unable to consent, the legal representative of the inmate consents to the transfer on behalf of the inmate; and

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      (d)     the offence for which the sentence has been imposed constitutes an offence in the receiving state.