Revised Laws of Saint Lucia (2021)

PART 5
GENERAL AND MISCELLANEOUS

45.   Offences of a political character

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   (1)   For the purposes of Part 1, the following are not offences of a political character—

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      (a)     the murder, manslaughter, kidnapping, unlawful seizure, detention or confinement of an internationally protected person or wilfully causing bodily harm to, or other assault on, or the restriction of the liberty of, an internationally protected person;

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      (b)     the use of force or violence against or an attack on the official premises, private accommodation or means of transport of an internationally protected person;

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      (c)     any crime described in paragraphs 2, 28, 29 or 30 of the Schedule; and

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      (d)     the aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any offence described or referred to in paragraphs (a) to (c).

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   (2)   In this section—

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      (a)     “head of State” includes—

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         (i)     any member of a collegial body performing the functions of a head of State under the constitution of the state concerned,

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         (ii)     any head of a Government of a State, and

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         (iii)     a Minister of foreign affairs of a Government of a State;

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      (b)     “internationally protected person” means—

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         (i)     a head of State whenever he or she is in a State other than the one in which he or she holds that position or office,

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         (ii)     a member of the family of a person described in clause (i) who accompanies him or her in a State other than the one in which he or she is a head of State,

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         (iii)     a representative or official of a State or an official or agent of an international organisation who, at a time when and at the place where an offence described in subsection (1) is committed against his or her person or upon his or her official premises, private accommodation or means of transport, is entitled under international law to special protection from any attack on his or her person, freedom or dignity, or

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         (iv)     a member of the family of a representative, official or agent described in paragraph (iii) who forms part of his or her household if, at the time when and at the place where an offence mentioned in that clause is committed against the member of his or her family or any property referred to in that clause that is used by the member of his or her family, the representative, official or agent is entitled under international law to special protection from any attack on his or her person, freedom or dignity.

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   (3)   For the purposes of Part 1, an offence against the law of a Commonwealth country or a foreign State may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that country or State.