Revised Laws of Saint Lucia (2021)

4.   Use of samples as evidence

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    (1)   A sample of any controlled drug within the meaning of section 4 of the Drugs (Prevention of Misuse) Act or any other substance which has been seized by the police for the purposes of a criminal investigation shall be admitted as evidence in a criminal trial if, in the presence of the accused, his or her attorney-at-law or agent—

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      (a)     the sample is taken from the bulk of the substance;

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      (b)     the sample and the substance from which it is taken are weighed or otherwise measured;

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      (c)     the sample is secured in a container which is wrapped and sealed; and

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      (d)     the container is signed or initialled by a senior police officer and the accused or the accused's attorney-at-law or agent.

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    (2)   A sample under subsection (1) shall be admitted as evidence in a criminal trial although the accused or the accused's attorney-at-law or agent has refused to sign or initial the container containing the sample.

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    (3)   Where a sample of any substance is taken, the police shall issue a certificate in the form set out in Schedule 2.

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    (4)   Where the accused or the accused's attorney-at-law or agent has refused to sign or initial the container containing the sample the police shall issue a certificate, in the form set out in Schedule 3.

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    (5)   A copy of the certificate shall be served on the accused, the accused's attorney-at-law or agent, and the person executing such service shall make an endorsement of service on the original certificate.

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    (6)   In any proceedings where it is desired to admit a sample for use as evidence, the original police certificate is conclusive of facts stated in the certificate.

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    (7)   A police officer shall submit a sample which is to be used as evidence to an analyst for analysis or examination and where the analyst has made an analysis or examination, and the sample is not a sample of a controlled drug within the meaning of section 4 of the Drug (Prevention of Misuse) Act the analyst shall issue to the police officer a report stating—

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      (a)     the name of the police officer who submitted the sample;

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      (b)     the amount of the substance received;

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      (c)     the results of the examination or analysis.

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    (8)   Where the sample submitted for analysis under subsection (7) is a sample of a controlled drug within the meaning of section 4 of the Drugs (Prevention of Misuse) Act, the analyst shall issue to the police the certificate required under section 29 of that Act.

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    (9)   A copy of the analyst's report under subsection (7) shall be served on the accused, his or her attorney-at-law or agent personally or by registered post within 21 days of its being issued to the police.

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    (10)   Where an analyst's report has been issued, the Commissioner of Police shall as soon as may be practicable destroy or dispose of the bulk of any substance retained by the police.