'Rights during trial - burden of proof' in document 'Saint Lucia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER ONE
General Provisions

PART II
JUSTIFICATIONS AND EXCUSES

Duress

Proof of defence of automatism, duress or necessity
51.— (1) The burden of proof in respect of defence of automatism, duress or necessity lies on the defendant and the Court shall allow the prosecutor to adduce or elicit evidence to prove otherwise.

(2) Where a defendant relies on the defence of automatism, duress or necessity he or she shall give seven days notice prior to the trial to the prosecutor stating the particulars of his or her defence.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal