Saint Lucia

Criminal Code

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART C
Verdicts and Related Matters

Sentence and Proceedings Subsequent

Sentence by any Judge
1004. If sentence is not passed immediately after the accused is convicted, any other Judge of the Court may at any subsequent sitting of the Court, at which the offender is present, pass sentence upon him or her.


Evidence as to proper sentence
1005. The Judge may, before passing sentence, receive such evidence he or she thinks fit, in order to inform himself or herself as to the appropriate sentence to be passed.


Sentence on verdict of guilty on several counts
1006. If one sentence is passed upon any verdict of guilty on more counts than one, the sentence shall be good if any one count would have justified the sentence.


Sentence of death not to be passed on pregnant women
1007.— (1) Where any woman convicted of an offence punishable with death alleges or it appears to the Court that she is pregnant the Court shall, before sentence is passed upon her, direct any two or more registered medical practitioners to be sworn to examine the woman in some private place either together or separately and report to the Court whether or not the woman is pregnant.

(2) If upon the report of any of the medical practitioners the Court is satisfied that the woman is pregnant, she shall be sentenced to imprisonment for life instead of death.

(3) Any woman who is under sentence of death may move the Court in arrest of execution on the ground that she is pregnant and the Court shall direct an inquiry and report as in this section provided and shall, if it finds that the woman is pregnant, arrest execution until she is delivered of the child or until it is no longer possible in the course of nature that she should be so delivered, and the Court shall direct the finding to be recorded and shall immediately report the finding to the Governor-General.


No jury de ventre inspiciendo
1008. No jury de ventre inspiciendo shall be empanelled or sworn.


Error not allowed
1009. No proceedings in error shall be taken upon any trial under the provisions of this Code.


Reserve of question of law
1010. The practice and procedure in respect of any question of law reserved upon the trial of any person for an indictable offence shall be as provided in the Court of Appeal Rules.


Warrant for execution of sentence
1011. Every warrant for the execution of any sentence may be issued, either by the Judge who passed the sentence, or by any other Judge of the High Court.



Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings



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