CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

2. Protection of right to life

1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a Criminal offence under the law of Grenada of which he has been convicted.

BOOK I
General Provisions

PART III
Punishments

TITLE VIII
General and Special Cases

70. Different kinds of punishment

The following punishments may be inflicted under this Code—

(1)death;

BOOK III
Indictable Offences

PART VII
Offences against the Person and Reputation

TITLE XVIII
Criminal Homicide and Similar Offences


230. Murder

Whoever commits murder shall be liable to suffer death:

Provided that sentence of death shall not be pronounced on or recorded against a person convicted of murder if it appears to the Court that at the time when the offence was committed he or she was under the age of eighteen years; but, in lieu of such punishment, the Court shall sentence the juvenile offender to be detained during Her Majesty’s pleasure, and, if so sentenced, he or she shall, notwithstanding anything in the other provisions of this Code or the provisions of any other Law or Act, be liable to be detained in such place and under such conditions as the Governor-General may direct, and whilst so detained shall be deemed to be in legal custody.

''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XIX Trial
Records, 175. Sentence of death not to be passed on pregnant women''

Where a woman convicted of an offence punishable with death is found in accordance with the provisions of this Act to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment with hard labour for life instead of sentence of death.

''BOOK III Procedure Relating to Indictable Offences, PART VI Capital Punishment, TITLE XX Procedure Relating to Capital Punishment''

183. Judge’s notes

No day shall be fixed by the Court for any sentence of death; and so soon as conveniently may be after such sentence has been pronounced the presiding Judge shall forward to the Governor-General his or her notes of the evidence taken at the trial, with a report in writing containing any recommendation or observations on the case which he or she may think fit to make.

184. Immateriality of time and place of execution mentioned in sentence

Nothing in any law or usage in the State shall be held to constitute either the time or the place of execution an essential part of any sentence of death pronounced by the Court upon any person, so as to render the sentence spent or vacated by reason that the person was not executed at the time or place appointed by the Court.

185. Persons to be present

Sentence of death shall be executed under the direction of the Chief of Police or of such other officer as the Governor-General may appoint; and the gaoler, medical officer, and such other officers of the prison as the Chief of Police or other officer appointed as aforesaid shall require, shall, and such minister of religion as the Governor-General may approve, may be present at the execution.

186. Others who may be present

Any Justice of the Peace and such relatives of the prisoner or other persons as the Governor-General may deem it proper to admit within the prison for the purpose, may also be present at the execution.

187. Medical officer to certify death, etc.

As soon as may be after sentence of death has been executed on the offender, the medical officer of the prison shall examine the body of the offender, and shall ascertain the fact of death, and shall sign a certificate thereof and deliver the same to the Chief of Police. The Chief of Police, gaoler, and such other persons present, if any, as may be required or allowed as aforesaid, shall also sign a declaration to the effect that sentence of death has been executed on the offender.

188. Coroner’s inquest on body

(1) The Coroner of the district to which the prison belongs wherein sentence of death is executed shall within twenty-four hours after the execution hold an inquest on the body of the offender; and the jury at the inquest shall inquire into and ascertain the identity of the body, and whether sentence of death was duly executed on the offender, and the inquisition shall be in duplicate, and one of the originals shall be delivered to the Registrar.
(2) No officer of the prison or prisoner confined therein shall in any case be a juror on the inquest.

189. Burial of body

The Governor-General shall, by writing under his or her hand, appoint some fit place for the burial of offenders executed, and the body of every offender executed shall be buried in such place.

190. Governor-General may make rules, etc., to be observed on execution of sentence of death

The Governor-General shall, from time to time, make such rules and regulations to be observed on the execution of sentence of death in the prison as he or she may deem expedient for the purpose, as well of guarding against any abuse in the execution, as also of giving greater solemnity to the same, and of making known without the prison walls the fact that the execution is taking place.

191. Rules to be laid before Parliament

All such rules and regulations shall be laid upon the table of the House of Representatives within six weeks after the making thereof, or if the Parliament be not then sitting, within fourteen days after its next meeting.

192. Penalty for signing false certificate, etc.

If any person knowingly and wilfully signs any false certificate or declaration required by this Title, he or she shall be liable to imprisonment for two years, with or without hard labour.

193. Certificate, etc., to be sent to Governor-General and exhibited

Every certificate and declaration and duplicate of the inquisition required by this Title shall in each case be sent with all convenient speed by the Registrar to the Governor-General and printed copies of the same several instruments shall as soon as possible be exhibited, and shall for twenty-four hours at least be kept exhibited, on or near the principal entrance of the prison.

194. Saving clause as to legality of execution

The omission to comply with any provision of this Title shall not make the execution of a sentence of death illegal in any case where it would otherwise have been legal.

195. Carrying sentence into effect
Sentence of death to be executed on a person sentenced by the Court, shall be carried into effect, within the walls of the prison in which he or she shall be confined at the time of execution, on a date to be fixed by the Governor-General, and under authority of a warrant to be signed by him or her. Except and in so far as is hereby provided, sentence of death shall be carried into effect in the same manner as if this Code had not been passed.

196. Enforcement of commuted sentence

When any person is sentenced to death and it is Her Majesty’s pleasure to extend to him or her Her Royal clemency, on condition of his or her undergoing some other lawful punishment less than death, it shall be lawful for the Governor-General to give all such directions and to do all such things as may be necessary to enforce such other punishment as aforesaid.