Revised Laws of Saint Lucia (2023)

2.   Definitions

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   (1)   In this Act—

“article” includes document;

“central authority” means—

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   (a)     in relation to Saint Lucia, the person or authority designated under section 3; and

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   (b)     in relation to any country outside Saint Lucia, the person or authority designated by that country for the purpose of transmitting and receiving requests under the Scheme;

“civil recovery investigation” has the meaning assigned under the Proceeds of Crime Act; (Inserted by Act 11 of 2023)

“Commonwealth country” (Deleted by Act 11 of 2023)

“confiscation order” means such order made under the Proceeds of Crime Act;

“criminal matter”—

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   (a)     means any criminal or civil investigation, prosecution, confiscation, forfeiture or recovery proceedings relating to a criminal offence, or criminal conduct or an activity;

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   (b)     includes—

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      (i)     an investigation, prosecution, or criminal proceedings relating to—

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         (A)     the restraint, seizure or freezing of property that may be confiscated, forfeited or recovered by a court, or that may be needed to satisfy a pecuniary penalty, imposed in respect of an offence;

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         (B)     the confiscation, forfeiture or recovery of property by a court in respect of an offence; and

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         (C)     the imposition or recovery of a pecuniary penalty in respect of an offence,

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      (ii)     any civil recovery investigation or civil proceedings relating to—

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         (A)     the restraint, seizure or freezing of property that may be recovered by a civil court in respect of recoverable property with regard to criminal conduct or an activity; or

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         (B)     the forfeiture or recovery of property by a court in respect of a civil recovery investigation with regard to criminal conduct or an activity;

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   (Substituted by Act 11 of 2023)

“document” includes—

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   (a)     anything on which there is writing;

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   (b)     a map, drawing or photograph;

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   (c)     anything from which sounds or visual images are capable of, with or without aid of a device, being reproduced;

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   (d)     a copy, reproduction or duplicate of a document as so defined; and

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   (e)     a part of a document as hereinbefore defined;

“judicial records” means judgements, orders and decision of courts, and other records held by judicial authorities;

“Minister” means the Minister for the time being assigned the responsibility for legal affairs;

“official records” means documents held by government departments or agencies or prosecution authorities;

“property” includes money and all other property, real or personal, immovables or movables, including things in action and other intangible or incorporeal property, whether situated in Saint Lucia or elsewhere, and includes any interest in any such property;

“regulations” means regulations made under section 35;

“relevant proceedings” means proceedings under this or any other Act arising directly or indirectly from a request for assistance under this Act by a country outside Saint Lucia;

“restraining order” means such order made under the Proceeds of Crime Act;

“Scheme” means a scheme relating to mutual assistance in criminal matters; (Amended by Act 11 of 2023)

“serious offence” means—

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   (a)     in relation to Saint Lucia, an offence against the laws of Saint Lucia—

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      (i)     for which a sentence of death, or imprisonment for a maximum or minimum term of not less than 3 years, may be, or is required to be, imposed, or

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      (ii)     the value of the property derived or obtained from the commission of which is or is likely to be not less than $25,000.00 or such greater amount as may be prescribed;

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   (b)     in relation to a country outside Saint Lucia, an offence against the laws of the country—

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      (i)     for which a sentence such as is specified in paragraph (a)(i) may be, or is required to be imposed, or

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      (ii)     the value of the property derived or obtained from the commission of which is certified by the central authority for the country to be, or likely to be not less than such amount as prescribed by or under the laws of the country;

“transmitted”, in relation to a request means—

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   (a)     in Part 2, transmitted by the central authority for Saint Lucia to the central authority for the country outside Saint Lucia from which assistance is requested;

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   (b)     in Part 3 transmitted by the central authority for the country outside Saint Lucia a request for assistance, to the central authority for Saint Lucia.

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   (2)     A reference in this Act to the laws of a country outside Saint Lucia includes a reference to the law or a part of the law in force in part of, that country.

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   (3)     For the purposes of this Act, a ship or aircraft of, or registered in Saint Lucia or a country outside Saint Lucia shall be deemed to be part of Saint Lucia or, as the case may be, the country outside Saint Lucia.

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   (4)     For the purposes of this Act, a person shall be deemed to have been charged with a serious offence in Saint Lucia or, as the case may be, in a country outside Saint Lucia, if any information or indictment has been laid or filed against the person for the offence, whether or not—

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      (a)     a summons to require the attendance of the person to answer to the information or indictment, has been issued; or

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      (b)     a warrant for the apprehension of the person, has been issued.

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   (5)     Where, in Saint Lucia or a country outside Saint Lucia—

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      (a)     a person is convicted by a court of a serious offence; and

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      (b)     with his or her consent another serious offence, of which he or she has not been found guilty is taken into account by the court in passing sentence for the offence referred to in paragraph (a),

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   the person shall, for the purposes of this Act, be considered to have been convicted by the court of the offence so taken into account on the date on which the sentence was so passed.

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   (6)     A reference in this Act to property derived or obtained from the Commission of an offence shall be deemed to include a reference to property used in, or in connection with, the commission of the offence.