Revised Laws of Saint Lucia (2021)

4.   Appeals by protected persons

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   (1)   Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the Court of Criminal Appeal, the High Court of Justiciary, or the Court of Criminal Appeal in Northern Ireland, as the case may be, shall, notwithstanding anything in the enactments relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he receives a notice given—

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      (a)     in the case of a protected prisoner of war, by an officer of Her Majesty's forces;

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      (b)     in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

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   that the protecting power has been notified of his conviction and sentence; and in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for any reference to the period of ten days after the date of conviction in subsection (1) of section six of the Criminal Appeal Act, 1907, or subsection (1) of section five of the Criminal Appeal (Northern Ireland) Act, 1930 (which relate to the revesting and restitution of property on conviction).

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   (2)   Where after an appeal to the Court of Criminal Appeal or to the Court of Criminal Appeal in Northern Ireland the sentence on a protected prisoner of war or a protected internee remains a sentence of death, or remains or has become a sentence of imprisonment for a term of two years or more, the time within which he must apply to the Attorney General or, as the case may be, to the Attorney General for Northern Ireland for a certificate authorising an appeal to the House of Lords from the decision of the Court of Criminal Appeal in question shall, instead of being a period of seven days from the date when the decision of the court was given, be a period from that date to seven days after the date when the convicted person receives a notice given as mentioned in paragraph (a) or, as the case may be, paragraph (b) of the foregoing subsection that the protecting power has been notified of the decision of the court.

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   (3)   In relation to a protected prisoner of war, the Courts-Martial (Appeals) Act, 1951, shall have effect as if—

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      (a)     the expression “army court-martial” therein included a prisoner of war court-martial constituted under a Royal Warrant governing the maintenance of discipline among prisoners of war;

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      (b)     a reference to such a Royal Warrant as aforesaid were substituted—

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         (i)     for any reference in section six of the said Act of 1951 to the relevant Act;

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         (ii)     for the reference in subsection (4) of the said section six to section one hundred and sixteen of the Army Act, 1955;

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         (iii)     for the reference in subsection (5) of the said section six to the Army Act, 1955; and

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         (iv)     for the reference in section eighteen of the said Act of 1951 to the enactment relating to the revision of the finding or sentence of an army court-martial; and

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      (c)     the proviso to subsection (1) of section fourteen of the said Act of 1951 were omitted;

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   and the last foregoing subsection shall apply in relation to the Courts-Martial Appeals Court as it applies in relation to the Court of Criminal Appeal but with the substitution for the words “seven days” in both places where they occur in that subsection of the words “fourteen days”.