2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

7.   Considerations for the grant of bail

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    (1)   Subject to any enactment in a Member State or Territory dealing with bail, a court granting bail shall consider all the facts and circumstances of the particular case and have regard to principles including —

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      (a)     whether there are substantial grounds for believing that the accused will abscond if granted bail;

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      (b)     whether there are substantial grounds for believing that the accused will commit an offence while on bail;

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      (c)     whether there are substantial grounds for believing that the accused will interfere with witnesses or otherwise obstruct the course of justice, whether in relation to themselves or any other person;

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      (d)     whether there are substantial grounds for believing that the accused should be kept in custody for their own protection or, if they are a child, for their own welfare.

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    (2)   In determining whether any of the circumstances specified in sub rule(1) exist in relation to an applicant, the court shall take into account factors including —

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      (a)     the nature and seriousness of the offence;

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      (b)     the strength of the prosecution's case against the applicant;

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      (c)     the applicant's character, antecedents and community ties;

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      (d)     the applicant's record with regard to the fulfilment of their obligations under any previous grants of bail;

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      (e)     the applicant's health profile as evidenced by a report from a medical practitioner; and

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      (f)     any other factors which appear to be relevant.