Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“admission” means—

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   (a)     a previous representation made by a person who is or becomes a party to proceedings, being a representation that is adverse to the person's interest in the outcome of the proceedings; or

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   (b)     a confession;

“attorney-at-law” has the meaning given to it by section 2 of the Legal Profession Act;

“business” means any business, profession, trade, calling or undertaking of any kind carried on in Saint Lucia or elsewhere, whether for profit or otherwise, including any activity or operation carried on or performed in Saint Lucia or elsewhere by—

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   (a)     any government;

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   (b)     any department, branch, board, commission or agency of any government;

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   (c)     any court or other tribunal; or

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   (d)     another body or authority performing a function of government;

“business document” includes—

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   (a)     a document that was created or received by a person in the usual or ordinary course of business;

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   (b)     a licence issued by a business;

“civil proceedings” means proceedings in a court, other than criminal proceedings;

“compellable witness” means a person who is compellable to give evidence at proceedings;

“confession” means an admission of guilt by a person charged with a criminal offence;

“confidential communication” means a communication made, or prepared, in such circumstances that, at the time when it was made or prepared—

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   (a)     the person who made or prepared it; or

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   (b)     the person to whom it was made, or for whom it was prepared;

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   was under an expressed or implied obligation not to disclose its contents, whether or not the obligation arises under law;

“confidential document” means a document made or prepared in such circumstances that at the time when it was made or prepared—

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   (a)     the person who made or prepared it; or

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   (b)     the person for whom it was made or prepared;

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   was under an expressed or implied obligation not to disclose its contents, whether or not the obligation arises under law;

“court” means the court, tribunal, judge, magistrate, arbitrator, body or person before whom or which proceedings are held or taken;

“copy” includes any readable reproduction of a document, micro fiche and a photograph;

“credibility rule” shall be construed in accordance with section 91(1);

“criminal proceedings” means—

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   (a)     a prosecution in a court for an offence; or

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   (b)     proceedings for the commitment of a person for trial for an offence;

“cross-examiner” means a party who is cross-examining a witness;

“device” includes computer;

“document”—

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   (a)     means anything on which information of any description is recorded; and

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   (b)     includes—

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      (i)     a document in writing;

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      (ii)     a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached;

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      (iii)     a book, map, plan, graph, or drawing;

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      (iv)     a photograph;

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      (v)     a disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable with or without the aid of some other equipment) of being reproduced therefrom;

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      (vi)     a film (including microfilm), negative, tape or any other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

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      (vii)     information electronically recorded or stored, and information derived from that information;

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        (Substituted by Act 14 of 2011)

“expert report” means a report written by a person dealing wholly or mainly with matters on which he is or would if living be qualified to give expert evidence;

“external telecommunications carrier” means a person licensed to provide telecommunications services from a place outside of Saint Lucia;

“financial institution” includes—

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   (a)     a bank licensed under the Banking Act;

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   (b)     a building society registered under the Building Societies Act;

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   (c)     a credit union registered under the Cooperatives Societies Act;

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   (d)     an insurance company registered under the Insurance Act; and

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   (e)     a company that performs international financial services, a trust company, finance company or deposit taking company declared by the Minister by order published in the Gazette to be a financial institution;

“hearsay rule” shall be construed in accordance with section 48(1);

“identification evidence”, in relation to criminal proceedings, means evidence that is—

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   (a)     an assertion by a person to the effect that a defendant was, or resembles a person who was, present at or near a place where—

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      (i)     the offence for which the defendant is being prosecuted was committed, or

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      (ii)     an act that is connected with that offence was done, or about the time at which the offence was committed or the act was done, being an assertion that is based wholly or partly on what the first-mentioned person saw, heard or otherwise noticed at that place and time; or

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   (b)     a report, whether oral or in writing, of an assertion as mentioned in paragraph (a);

“investigating official” means a police officer or a person whose functions or duties include functions or duties in respect of the prevention or investigation of offences;

“Judge”, in relation to proceedings, means the Judge, Master, Magistrate or other person before whom the proceedings are being held;

“leading question” means a question asked of a witness that—

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   (a)     directly or indirectly suggests a particular answer to the question; or

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   (b)     assumes the existence of a fact the existence of which is in dispute in the proceedings and as to the existence of which the witness has not given evidence before the question is asked;

“live link” means a live television link or other arrangement by which a witness, while at a location either in Saint Lucia or outside of Saint Lucia which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held and to be seen and heard by the following persons—

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   (a)     the defendant or defendants;

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   (b)     the judge or justices (or both) and the jury (if there is one);

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   (c)     legal representatives acting in the proceedings; and

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   (d)     any interpreter or other person appointed by the court to assist the witness; (Inserted by Act 14 of 2011)

“Minister” means Minister responsible for justice;

“notary public” includes notary royal;

“official questioning” means questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence;

“opinion rule” shall be construed in accordance with section 64(1);

“person” includes a body corporate and an unincorporated body;

“person who is being prosecuted for a related offence”, in relation to a defendant in criminal proceedings, means a person against whom a prosecution has been instituted, being a prosecution that has not been completed or terminated for—

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   (a)     an offence that arose in relation to the same events as those in relation to which the offence for which the defendant is being prosecuted arose; or

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   (b)     an offence that relates to or is connected with the offence for which the defendant is being prosecuted;

“police officer” means a member of the Royal Saint Lucia Police Force;

“postal article” means any package authorised to be conveyed by post;

“prescribed” means prescribed in the Regulations;

“previous representation” means a representation made otherwise than in the course of the giving of evidence in the proceedings in which evidence of the representation is sought to be adduced;

“prior consistent statement”, in relation to a witness, means a previous representation that is consistent with evidence given by the witness;

“probative value”, in relation to evidence, means the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue;

“proceedings” includes proceedings, however described—

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   (a)     in a court in Saint Lucia or a court of a foreign country;

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   (b)     before a person or body, other than a court, authorised by law, including a law of a foreign country, or by consent of parties, to bear and receive evidence;

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   (c)     in a coroner's court;

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   (d)     in a court martial; and

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   (e)     in a tribunal;

“public document” means a document that—

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   (a)     forms part of the records of—

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      (i)     the State,

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      (ii)     the government of a foreign country, or

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      (iii)     a person or body holding office or exercising power or function under or by virtue of the Constitution or of a law, whether of Saint Lucia or of a foreign country;

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   (b)     is being kept by or on behalf of—

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      (i)     the State,

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      (ii)     the government of a foreign country, or

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      (iii)     a person or body holding office or exercising a power or function under or by virtue of the Constitution or of a law, whether of Saint Lucia or of a foreign country; or

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   (c)     is the records of the proceedings of the House of Assembly or Senate of Saint Lucia or the legislature of a foreign country;

“Registrar” means Registrar of the High Court;

“Registry” means Registry of the High Court;

“Regulations” means Regulations made under section 167;

“representation” includes an expressed or implied representation, whether oral or in writing, and a representation to be inferred from conduct;

“Royal Saint Lucia Police Force” means the Royal Saint Lucia Police Force established under the Police Act;

“sworn evidence” means evidence given by a person who, before he or she gave it, had sworn an oath or made an affirmation in accordance with this Act;

“telecommunications facility” has the meaning given to it under the Telecommunications Act;

“telecommunications provider” has the meaning given to it by the Telecommunications Act;

“telecommunications service” has the meaning given to it under the Telecommunications Act;

“tendency rule” shall be construed in accordance with section 83;

“unsworn evidence” means evidence that is not sworn evidence;

“video recording” means any recording on any medium from which a moving image may by any means be produced and includes the accompanying sound track; and (Inserted by Act 14 of 2011)

“vulnerable witness” means a witness, whose ability to give evidence or the quality of whose evidence, is likely to be affected by reason of—

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   (a)     age of maturity;

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   (b)     physical, intellectual, or psychiatric disability;

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   (c)     trauma suffered by the witness;

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   (d)     the witness's fear of intimidation;

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   (e)     the linguistic or cultural background of the witness;

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   (f)     the nature of the proceedings;

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   (g)     the nature of the evidence that the witness is expected to give;

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   (h)     the relationship of the witness to any party to the proceeding;

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   (i)     the absence of the witness from Saint Lucia; or

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   (j)     any other ground of similar nature.