Revised Laws of Saint Lucia (2021)

8.   Effect of transfer into Saint Lucia

1.  

   (1)   An inmate who is transferred to Saint Lucia shall be deemed to be lawfully confined in the correctional facility or other institution within Saint Lucia and shall be subject to the rules and regulations applicable to all inmates within the correctional facility or other institution.

1.  

   (2)   Where it is proposed that an inmate be transferred into Saint Lucia from a state to which section 3(1)(a) applies, but the sentence imposed by that state is incompatible with that prescribed by the laws of Saint Lucia for a similar offence, the Attorney General may, after considering the sentence, seek an order of the High Court to have that sentence adapted to a sentence prescribed by the laws of Saint Lucia for a similar offence; and subject to subsection (3), the Court shall, adapt the sentence if the Court considers it fit to do so.

1.  

   (3)   An order made by the High Court under subsection (2) shall not by its nature or duration aggravate the sentence imposed in the sentencing state nor exceed the maximum prescribed by the laws of Saint Lucia.

1.  

   (4)   The decision of the Attorney General to seek an order under subsection (2) shall be communicated to the sentencing state prior to the transfer of the inmate into Saint Lucia.

1.  

   (5)   Where the High Court adapts the sentence in accordance with subsection (2), the Court, in addition to the requirement referred to under subsection (3), shall —

   1.  

      (a)     be bound by the findings as to the facts as they appear explicitly or implicitly from the judgement of the Court of the sentencing state;

   1.  

      (b)     not convert a sanction involving deprivation of liberty into a pecuniary sanction;

   1.  

      (c)     deduct the full period of deprivation of liberty served by the sentenced person.

1.  

   (6)   Where an inmate has been returned by a sentencing state into Saint Lucia to serve the remainder of his or her sentence in Saint Lucia, the Attorney General shall furnish the sentencing state with details of—

   1.  

      (a)     the date on which the enforcement of the sentence is computed; and

   1.  

      (b)     any escape in the event that the inmate escapes from custody prior to the completion of the sentence.