2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

6.   Application of sentencing guidelines by the Court

  1.  

    (1)   A sentencing guideline issued in relation to an offence must be applied in all criminal matters in the Court.

  1.  

    (2)   The Court of Appeal, when considering an appeal from the lower court in relation to sentence, must apply any relevant sentencing guideline which is in force.

  1.  

    (3)   A sentencing guideline must supersede guideline cases in respect of a particular offence.

  1.  

    (4)   Prosecuting and defence counsel are under a duty to —

    1.  

      (a)     be aware of any relevant guidelines;

    1.  

      (b)     refer the Court to the sentencing guideline; and

    1.  

      (c)     assist in the application of the sentencing guideline.

  1.  

    (5)   If required to by the Court, prosecuting counsel must be in a position to make submissions on —

    1.  

      (a)     where on the Grid the particular offence falls; and

    1.  

      (b)     which aggravating or mitigating factors apply to the offence and the offender.

  1.  

    (6)   Prosecuting counsel must not recommend a particular sentence to the Court but may make an application for an ancillary order, and submissions as to whether the criteria for such an order is met.