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Contact:
George Jude
Thursday, December 16, 2004 - The recently-amended Criminal Code will
come into force in the New Year. That’s the word from Attorney General Philip La
Corbiniere, who recently signed a Commencement Order to that effect.
The Order, which was signed on December 2, 2004 and published in an
extraordinary Issue of the St. Lucia Gazette on Tuesday, December 14, 2004,
states that the Criminal Code No. 9 of 2004 will come into force on the 1st day
of January, 2005.
The old Code, which dates back to the 1920s, had its origins in London and was
designed for use in West Africa. It was first amended in 1957 and again in 1992.
However, most of the previous changes were largely cosmetic.
Approximately one year ago, following a comprehensive review, a new Criminal
Code was presented to Parliament by the Leader of Government Business in the
House of Assembly, Hon Mario Michel.
The new Code comprises 1,264 Sections and seven Schedules in 868 pages. It is
part of the Government’s efforts in the past seven years to revise and modernize
the country’s laws.
In the December 6, 2004 edition of his weekly radio address “Conversation With
the Nation,” Prime Minister Dr Kenny D. Anthony said several provisions of the
Old Code were removed during the modernization process.
But, he added, “Some of the old provisions were also retained because of their
continuing relevance; some clauses were refined with textual amendments; and in
other cases, new provisions were introduced.”
The Prime Minister said: “Everyone has a stake in this new Code, as it takes a
comprehensive look at every aspect of crime.”
The new Code introduces several new provisions, including outlawing of
kidnapping, stalking, and sexual harassment at the workplace. It also outlaws
computer fraud.
Under the Code, it is now an offense for parents or guardians to refuse to
report cases of sexual abuse that are within their knowledge.
The new Code also outlaws “out of court” settlements aimed at compensating
victims in cases of rape or sexual abuse, as such “arrangements”, according to
the Prime Minister, “pervert the course of justice.”
The laws on rape have also been amended in the new Code to include a
re-definition of carnal knowledge to involve any gender.
Any unlawful homosexual act can now constitute rape and rape is now defined as
any unsolicited or un-consensual sexual act with any other person.
“Marital Rape” is also a new offense under the new Code.
The new Code has introduced stiffer penalties for some common crimes. A person
who commits rape can be imprisoned for life; the offense of unlawful sexual
connection can attract a penalty of fourteen years in prison; and the penalty
for theft on conviction on indictment renders the offender liable to
imprisonment for fourteen years.
Aggravated burglary (burglary committed with a firearm, explosive or any weapon
of offense) renders the offender liable, on indictment, to imprisonment for
life; and any person who is guilty of preventing another person from giving
evidence in court is liable, on conviction on indictment, to imprisonment for
seven years.
The new Code provides for Offenses Against the Person, such as homicide,
assaults, sexual offenses, theft, forgery, bankruptcy, fraud, extortion and
damage to property.
It also identifies Offenses Against Public Order and Offenses Against the
Administration of Justice; and it makes provisions for Arrest and Bail, Search
and Seizure, Trials, Appeals, Punishment, Imprisonment, Parole, Probation, Fines
and Compensation, Pardon, Remission and Reward.
Attorney General La Corbiniere says all the provisions of the new Criminal Code
are in place and efforts will continue to ensure that facilities are in place so
that they are enforced and complied with after they come into force on New
Year’s Day.
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