Know your laws: right to bail

Know your laws: right to bail



(1) Except as otherwise provided in this Part or any other enactment, a defendant shall be entitled to bail.

(2) Where bail is granted, the conditions of bail shall be reasonable


(1) Where a defendant is accused or convicted of an offence that is punishable with death or imprisonment, the Court may refuse an application for bail if—

(a) the Court is satisfied that there are grounds for believing that the defendant, if released on bail, whether subject to conditions or not would—

(i) fail to surrender to custody,

(ii) commit an offence, or

(iii) interfere with witnesses;

(b) the Court is satisfied that the defendant should be kept in custody for any reason including—

(i) for his or her own protection,

(ii) for the protection of the community, or

(iii) if he or she is a child or young person, for his or her own welfare;

(c) the defendant is in custody in pursuance of the sentence of a Court;

(d) the Court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this section for want of time since the institution of the proceedings against the defendant;


(g) the defendant is charged with an offence alleged to have been committed while he or she was released on bail; or

(h) the defendant has been convicted of a similar offence previously.

(2) In the exercise of its discretion under subsection (1), the Court shall have regard to any relevant factor including the following—

(a) the nature and seriousness of the offence or default, and the probable method of dealing with the defendant for it;

(b) the character, antecedents, associations and community ties of the defendant;

(c) the defendant’s record as regards the fulfillment of his or her obligations under previous grants of bail; and

(d) the strength of the evidence of his or her having committed the offence or having defaulted except where the defendant’s case is adjourned for inquires or a report.


(4) Only a judge may hear an application for bail by, or grant or refuse bail to, a person who—

(a) is charged with—

(i) murder,

(ii) treason,

(iii) rape, or

(iv) sexual intercourse with a child under the age of 12 contrary to section 126 or 128,

(v) an offence against the Firearms Act or the Drugs (Prevention of Misuse) Act which is triable on indictment and which carries a maximum punishment that exceeds 5 years, or

(b) has been convicted and sentenced to imprisonment or death in respect of an offence referred to in paragraph (a) and who has given notice of his or her intention to appeal against his or her conviction or sentence.
“We, the Royal Saint Lucia Police Force would like to encourage the citizenry to read and study the laws which governs our society. Never forget that knowledge is power”.


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