Saint Lucia

Criminal Code

CHAPTER THREE
Procedure

PART I
ARREST AND BAIL

Bail

Prosecution right of appeal
608.— (1) In proceedings before a District Court in which a person who is charged with an offence punishable by a term of imprisonment of five years or more is granted bail there shall be a right of appeal by the prosecution to a Judge against the decision of the District Court to grant bail, provided the objection to the granting of bail is made by the prosecution before the District Court grants such bail.

(2) Where the prosecution wishes to exercise the right of appeal under subsection (1) —
(a) oral notice of appeal shall be given to the District Court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned; and
(b) written notice of appeal shall thereafter be served on the District Court and the person concerned within twelve hours of the conclusion of such proceedings.

(3) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail the District Court shall remand in custody the person concerned, pending the hearing of such appeal.

(4) The hearing of an appeal under subsection (1) against a decision of the District Court to grant bail shall be commenced within five days, excluding holidays and weekends, from the date on which oral notice of appeal is given.

(5) A hearing of any appeal by the prosecution under this section shall be by way of rehearing.

Keywords

Appeal against other decisions - national proceedings



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