Saint Lucia

Criminal Code

CHAPTER THREE
Procedure

PART IV
SUMMARY PROCEEDINGS

Sub-Part A - Trial of Summary Offences

Adjournment or Immediate Trial Hearing after Adjournment

Notice of defence to complainant
704.— (1) Where the defendant intends to plead and give evidence of a special defence, he or she shall give written notice of such defence to the complainant, with any information which might be of material assistance to the complainant including any information in the possession of the defendant, relating to witnesses the defendant intends to call in support of the special defence.

(2) Where the defendant intends to plead and give evidence of an alibi, he or she shall give notice of such alibi to the complainant with particulars as to time and place and of the witnesses by whom he or she proposes to prove it, before the examination of the first witness for the prosecution commences.

(3) The complainant on being given a notice under subsection (1) shall, if he or she so desires, be entitled to an adjournment of the case.


Case and evidence for complainant
705. If the defendant does not admit the truth of the complaint, the Court shall proceed to hear the complainant and such other evidence as he or she may adduce in support of his or her complaint.


Caution to undefended defendant
706. Where the defendant is not represented by counsel, on the completion of the examination of the witnesses on the part of the pros-ecution, the following caution or words to the like effect shall, before he or she is called as a witness, be addressed to him or her by or under the direction of the Court:
“Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the complaint? You are not obliged to give evidence unless you wish, but if you are called, the evidence you give will be evidence in the case.”


Case and evidence for defendant
707. The Court shall also hear the defendant and any witnesses as he or she may call and such other evidence as he or she may adduce, in his or her defence.

Keywords

Fair trial standards
Rights during trial - raise defences



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