'Revision of conviction or sentence' in document 'Saint Lucia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER THREE
Procedure

PART VII
GENERAL PROCEDURAL MATTERS

Proceedings before Magistrates

High Court to quash conviction, order, etc.
1029. If an application is made to quash a conviction, order or other legal process made by or before a Magistrate, on the ground that the Magistrate has exceeded his or her jurisdiction, the Judge to whom the application is made, may, if he or she thinks fit so to do, quash the conviction, order or other legal process, subject to the condition that no action shall be brought against the Magistrate by or before whom such conviction, order or other process was made or against any officer acting under such conviction, order or legal process or under any warrant issued to enforce any such conviction or order.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART C – SENTENCING AND ORDERS IN GENERAL

Modification of sentence
1106.— (1) The Court which sentenced the offender, may at any time before imprisonment require the attendance of the offender, unless sentence was pronounced in his or her absence, and to alter or modify the sentence, but shall not impose a higher sentence than that originally pronounced.

(2) The signature of the Magistrate, or proper officer of the Court to any sentence is sufficient to authenticate the sentence.

RELEVANT ROME STATUTE PROVISIONS

Article 84
Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter,
with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.