Trials in absentia

Saint Lucia

Constitution of Saint Lucia (1979)

CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

8.- (2) Every person who is charged with a criminal offence -

f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence :

Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trail and to a reasonable opportunity of appearing before the court.

Criminal Code

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Plea of Autrefois Acquit or Autrefois Convict or Pardon

Non-appearance of accused
876. When any person against whom an indictment has been duly preferred, is at large and does not appear to plead to the indictment, whether he or she is under recognizance to appear or not —
(a) the Court may issue a warrant for his or her arrest;
(b) the Registrar shall, at any time after the end of the sitting of the Court at which the accused person ought to have appeared and pleaded, grant to the prosecutor, upon application made on his or her behalf and upon payment of five dollars, a certificate of such indictment having been preferred;
(c) upon production of the certificate to any Magistrate or Justice of the Peace, the Magistrate or Justice shall issue a warrant to arrest the accused, and to cause him or her to be brought be¬fore the Magistrate or Justice, to be dealt with according to law;
(d) if it is proved upon oath before a Magistrate that any person arrested and brought before him or her on such warrant is the person charged and named in the indictment, the Magistrate shall, without further inquiry or examination, either commit to correctional facility by a warrant or release him or her on bail, and if it appears that the accused had, without reasonable excuse, broken his or her recognizance to appear, he or she shall not be entitled to bail as of right;
(e) if it is proved upon oath before the Magistrate or Justice of the Peace that the accused person is, at the time of the application and production of the certificate, confined in a correctional facility for any other offence than that charged in the indictment, the Magistrate or Justice of the Peace shall issue a warrant directed to the correctional officer, commanding him or her to detain the person in custody until he or she is, by lawful authority, removed from custody.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.