Revised Laws of Saint Lucia (2021)

19.   Statements relating to benefits from commission of Criminal Conduct (Amended by Act 4 of 2010)

  1.  

    (1)   Where—

    1.  

      (a)     a person is convicted of a criminal conduct and the Director of Public Prosecutions tenders to the Court a statement as to any matters relevant— (Amended by Act 4 of 2010)

      1.  

        (i)     to determining whether the person has benefited from the offence or from any other criminal conduct of which he or she is convicted in the same proceedings or which is taken into account in determining his or her sentence, or (Amended by Act 4 of 2010)

      1.  

        (ii)     to an assessment of the value of the person's benefit from the offence or any other criminal conduct of which he or she is so convicted in the same proceedings or which is so taken into account; and

    1.  

      (b)     the person accepts to any extent an allegation in the statement, (Amended by Act 4 of 2010)

  1.  

    the Court may, for the purposes of so determining or making that assessment, treat his or her acceptance as conclusive of the matters to which it relates.

  1.  

    (2)   Where—

    1.  

      (a)     a statement is tendered under subsection (1)(a); and

    1.  

      (b)     the Court is satisfied that a copy of that statement has been served on the person,

  1.  

    the Court may require the person to indicate to what extent he or she accepts each allegation in the statement and, so far as he or she does not accept any such allegation, to indicate any matters he or she proposes to rely on.

  1.  

    (3)   Where the person fails in any respect to comply with a requirement under subsection (2), he or she may be treated for the purposes of this section as having accepted every allegation in the statement, other than—

    1.  

      (a)     an allegation in respect of which he or she has complied with the requirement; and

    1.  

      (b)     an allegation that he or she has benefited from the criminal conduct or that any property or advantage was obtained by him or her as a result of, or in connection with the commission of the offence. (Amended by Act 4 of 2010)

  1.  

    (4)   Where—

    1.  

      (a)     the person tenders to the Court a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and

    1.  

      (b)     the Director of Public Prosecutions accepts to any extent any allegation in the statement,

  1.  

    the Court may, for the purposes of that determination, treat the acceptance of the Director of Public Prosecutions as conclusive of the matters to which it relates.

  1.  

    (5)   An allegation may be accepted or matter indicated for the purposes of this section either—

    1.  

      (a)     orally before the Court; or

    1.  

      (b)     in writing in accordance with rules of court.

  1.  

    (6)   An acceptance by a person under this section that he or she received any benefits from the commission of a criminal conduct is admissible in any proceedings for any offence. (Amended by Act 4 of 2010)