Revised Laws of Saint Lucia (2021)

10.   Surrender proceedings

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   (1)   At the beginning of the proceedings for the return of a remanded person under section 8(a) or (b), the Magistrate shall ask the person if he or she consents to being surrendered.

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   (2)   The Magistrate shall inform the person who —

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      (a)     consents to be surrendered under subsection (1); and

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      (b)     the magistrate is satisfied consents voluntarily, that he or she shall be —

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         (i)     committed to a correctional facility without further proceedings; and

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         (ii)     returned to the requesting country as soon as practicable.

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   (3)   Where the person maintains his or her consent to being returned after being informed by the Magistrate under subsection (2), the Magistrate shall order that the person be—

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      (a)     surrendered to the requesting country by warrant issued in the manner prescribed at Form C of the Schedule; and

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      (b)     committed to a correctional facility by warrant issued in the manner prescribed at Form E of the Schedule until the person is returned to the requesting country.

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   (4)   Where the Magistrate determines that the person should be surrendered, the Magistrate shall —

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      (a)     order that the person be committed to a correctional facility by warrant issued in the manner prescribed at Form D of the Schedule until the person is surrendered to the requesting country;

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      (b)     inform the person that he or she may, within 15 days of the day on which the order is made, seek a review of the order under section 11;

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      (c)     record in writing his or her decision and the offence for which the person is to be surrendered; and

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      (d)     give a copy of the record referred to in paragraph (c) to the person and to the Attorney General.

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   (5)   Notwithstanding subsection (1), where the Magistrate determines that the person should be surrendered and the person is serving a custodial sentence in Saint Lucia for an offence committed in Saint Lucia, the Magistrate shall refer the matter to the Attorney General.

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   (6)   Where the Magistrate determines that the person should not be surrendered to the requesting country, the Magistrate shall —

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      (a)     order that the person be released pending any application under section 11(2) from the requesting country for a review of the order; and

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      (b)     advise the Attorney General in writing of the order and of his or her reasons for determining that the person should not be surrendered.