Revised Laws of Saint Lucia (2021)

7.   Limitation on rehabilitation

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    (1)   Nothing in section 6(1) shall affect—

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      (a)     the enforcement by any process or proceedings of any fine or other sum adjudged to be paid by or imposed under a spent conviction;

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      (b)     the issue of any process for the purpose of proceedings in respect of any breach of a condition or requirement applicable to a sentence imposed in respect of a spent conviction;

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      (c)     the operation of any enactment by virtue of which, in consequence of any conviction, a person is subject otherwise than by way of sentence, to any disqualification, disability, prohibition or other penalty the period of which extends beyond the rehabilitation period applicable to the conviction;

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      (d)     any civil or criminal proceedings where justice cannot be done without admitting or requiring evidence relating to a person's spent convictions; and

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      (e)     the disclosure of previous convictions where the person is informed, by a person duly authorised to do so that spent convictions are to be disclosed for the purpose of safeguarding national security.

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    (2)   A person shall be excluded from rehabilitation who either before or after January 1st, 2004 is detained under section 56 of The Mental Hospitals Act at the Governor General's pleasure in respect of a criminal offence.

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    (3)   Nothing in section 6 shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to a person's previous convictions or to circumstances ancillary thereto—

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      (a)     in any criminal proceedings before a court including any appeal or reference in a criminal matter;

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      (b)     in any disciplinary proceedings or in any proceedings on appeal from any disciplinary proceedings;

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      (c)     in any proceedings or enquiries relating to adoption or to the guardianship, wardship, marriage, custody, care and control of, access to, any minor, or to the provision by any person of accommodation, care or schooling for minors;

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      (d)     in any proceedings in which he or she is a party or witness, if, on the occasion when the issue or the admission or requirement of the evidence falls to be determined, he or she consents to the determination of the issue or, as the case may be, the admission or requirement of the evidence notwithstanding the provisions of section 6.