Revised Laws of Saint Lucia (2021)

18.   Competence and Compellability: defendant, etc., in criminal proceedings

  1.  

    (1)   This section applies only in criminal proceedings.

  1.  

    (2)   A defendant is not competent to give evidence as a witness for the prosecution.

  1.  

    (3)   A person who is being prosecuted for a related offence—

    1.  

      (a)     is not compellable to give evidence; and

    1.  

      (b)     except with the leave of the court, may not give evidence as a witness for the prosecution.

  1.  

    (4)   Where it appears to the court that a witness called by the prosecutor may be a person who is being prosecuted for a related offence, the court shall satisfy itself, if there is a jury, in the absence of the jury, that the witness is aware of the effect of subsection (3).

  1.  

    (5)   In determining whether to grant leave pursuant to subsection (3)(b), the matters that the court shall take into account include—

    1.  

      (a)     whether the person has or appears to have a motive to misrepresent a matter as to which the person is to give evidence; and

    1.  

      (b)     whether the completion or termination of the prosecution before the person gives evidence is reasonably practicable.