Revised Laws of Saint Lucia (2021)

107.   Privilege in respect of self-incrimination in other proceedings

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    (1)   Where a witness objects to giving evidence on the ground that the evidence may tend to prove that the witness—

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      (a)     has committed an offence against or arising under a law in force in Saint Lucia or the law of a foreign country; or

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      (b)     is liable to a civil penalty,

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    the court shall, if there are reasonable grounds for the objection, inform the witness of the matters contained in subsection (2).

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    (2)   The matters referred to in subsection (1) are—

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      (a)     that he or she need not give the evidence but that, if he or she gives the evidence, the court will give a certificate under this section; and

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      (b)     the effect of the certificate.

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    (3)   Where a witness referred to in subsection (1) declines to give evidence, the court shall not require that witness to give evidence but, if the witness gives the evidence, the court shall cause the witness to be given a certificate under this section in respect of the evidence.

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    (4)   Where a witness objects to giving evidence under subsection (1) and—

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      (a)     the objection has been overruled; and

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      (b)     after the evidence has been given, the court finds that there were reasonable grounds for the objection,

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    the court shall cause the witness to be given a certificate in respect of the evidence.

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    (5)   Evidence in respect of which a certificate under this section has been given is not admissible against the person to whom the certificate was given in any proceedings, not being criminal proceedings, in respect of the falsity of the evidence.

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    (6)   In criminal proceedings, subject to section 142(5), the preceding provisions of this section do not apply in relation to evidence that a defendant—

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      (a)     did an act the doing of which is a fact in issue; or

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      (b)     had a state of mind the existence of which is a fact in issue.

Evidence excluded in the public interest