Revised Laws of Saint Lucia (2021)

157.   Notice of alibi

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    (1)   On a trial on indictment the defendant shall not, without leave of the court—

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      (a)     adduce evidence in support of an alibi unless, before the end of the prescribed period, he or she gives notice of particulars of the alibi; or

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      (b)     call any person to give such evidence at the trial unless—

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        (i)     the notice under paragraph (a) includes the name and address of the witness or if the name and address is not known to the defendant at the time he or she gives notice, any information in his or her possession that might be of material assistance in finding the witness,

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        (ii)     if the name or the address is not included in that notice, the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,

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        (iii)     if the name and address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information that might be of material assistance in finding the witness, he or she forthwith gives notice of the name, address or other information, as the case may be, and

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        (iv)     if the defendant is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at the address given, he or she forthwith gives notice of any such information that is then in his or her possession or, on subsequently receiving any such information, forthwith gives notice of it.

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    (2)   The court shall not refuse leave under this section if it appears to the court that the examining magistrate did not inform the defendant of the requirements of this section.

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    (3)   Any evidence tendered to disprove an alibi may, subject to any directions by the court as to time it is to be given, be given before or after evidence is given in support of the alibi.

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    (4)   Any notice purporting to be given under this section on behalf of the defendant by his or her attorney-at-law shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.

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    (5)   A notice under paragraph (a) of subsection (1) shall either be given in court during or at the end of the proceedings for the examining magistrate or be given in writing to the prosecutor within the prescribed period and a notice under subsection (1)(b)(iii) or (1)(b)(iv) of shall be given in writing to the prosecutor.

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    (6)   A notice required by this section to be given to the prosecutor may be given by delivering it to him or her, or by leaving it at his or her office, or by sending it in a registered letter addressed to him at his or her office.