Criminal
Criminal Code 2004 consolidating offences and procedure
The Criminal Code 2004 is a full consolidation covering both substantive offences and much of criminal procedure, replacing a patchwork of earlier acts. Indictable matters are tried in the High Court with a jury; summary matters are dealt with in the District Court before a magistrate. The Director of Public Prosecutions has constitutional independence in the conduct of prosecutions.
Key rules
- Jurisdiction — High Court for indictable trials; District Court for summary matters
- Deadline — First appearance: without undue delay after arrest
- Deadline — Summary offence: complaint generally within six months
- Deadline — Appeal against conviction or sentence: 21 days from sentence
Governing law
- Criminal Code 2004
- Criminal Code (Amendment) Acts
- Drugs (Prevention of Misuse) Act
- Proceeds of Crime Act
In practice
Because the Criminal Code codifies procedure as well as offences, practitioners should work from the Code rather than importing English criminal procedure, which diverges on committal and on the treatment of alternative verdicts. Saint Lucia retains the death penalty for murder in law, but following CCJ and earlier Privy Council authority a mandatory sentence is unconstitutional and sentencing discretion must be exercised.