CHAPTER 172  
CRIMINAL PROCEDURE CODE  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 44 of 1988  
Amended by  
 Act No. 33 of 1989   
 Act No. 62 of 1992   
 Act No. 15 of 1993   
 Act No. 4 of 1994   
 Act No. 36 of 2004   
 Act No. 13 of 2007   
ARRANGEMENT OF SECTI ONS 
CHAPTER I  
Preliminary  
1. Short title.  
2. Interpretation.  
3. Inquiry into and trial of offences.  
CHAPTER II  
Powers of Courts, etc.  
4. Courts to be open.  
5. Authority of courts and general validity of judicial process.  
6. Powers of courts to try offe nces.  
7. Offences under certain laws.  
8. Jurisdiction of magistrate’s court.  
9. Offences triable summarily or on indic tment.  
10. Presence of accused.  
11. Matters to be considered.  
12. Where court considers summary trial more suitable.  
13. Where cour t considers trial on indictment more suitable.  
14. Procedure when property is below certain value.  
15. Consent in case of persons under fourteen.  
16. Two or more offences of accused.  
17. Sentences which courts may pass.  
18. Sentences in cases of convi ction of more than one offence at one 
trial. 
19. Committal for sentence.  
20. Supervision order.  
21. Failure to comply with section 20.  
CHAPTER III  Arrest, Escape, Retaking, etc.  
22. Arrest: how made.  
23. Search of place entered by person sought to be arrested.  
24. Power to break open doors and windows for liberation.  
25. No unnecessary restraint.  
26. Search of arrested person.  
27. Power of police officer to detain, search, etc.  
28. Mode of searching women.  
29. Power to seize offensive weapons.  
30. Arrest by police officer without warrant.  
31. Refusal to give name and residence.  
32. Arrest by private person.  
33. Arrest by owners of property.  
34. Disposal of persons arrested by private pe rsons.  
35. Detention of persons arrested without wa rrant. 
36. Offences committed in judicial officer’s pre sence.  
37. Recapture of person escaping.  
38. Arrest by judicial officer.  
39. Provisions of sections 23 and 24 to apply to arrests under sections 
36 and 38.  
40. Assistance to judicial officer or police officer. 
41. Search warrants.  
42. Execution of search warrants.  
CHAPTER IV  
Bail and Security for Keeping the Peace or Good Behaviour  
43. Bail in certain cases.  
44. Discharge from custody when bail is granted.  
45. Power to order further bail.  
46. Appl ication for discharge by sureties for appearance.  
47. Death of surety.  
48. Person absconding may be arrested.  
49. Forfeiture of recognisance.  
50. Appeal against forfeiture of recognisance.  
51. High Court may direct levy.  
52. Security for keeping the peace or for good behaviour.  
53. Order to show cause to be made.  
54. Procedure in respect of person present in court.  
55. Procedure in respect of person not present in court.  
56. Copy of order to accompany summons or warrant.  
57. Inquiry as to truth o f information.  
58. Order to give security.  
59. Discharge of person informed against.  
60. Commencement of period for which security is required.  
61. Contents of bond.  
62. Power to reject sureties.  
63. Procedure on failure of person to give security.  
64. Power to release persons imprisoned for failure to give security.  
65. Application by surety for discharge.  
CHAPTER V  
General Provisions Relating to Criminal Proceedings  
66. Authority of Director of Public Prosecutions in respect of conduct 
of prosec utions.  67. Power of Director of Public Prosecutions to enter nolle prosequi.  
68. Withdrawal from prosecution.  
69. Conduct of private prosecution.  
70. Complaint and charge.  
71. Issue of summons or warrant.  
72. Form, validity and execution of warrant o f arrest.  
73. Security may be taken.  
74. Service of summons.  
75. Service when person summoned cannot be found.  
76. Procedure when service cannot be effected as hereinbefore 
provided.  
77. Service on a company.  
78. Proof of service of summons.  
79. Personal attendance of accused may be dispensed with.  
80. If summons disobeyed, warrant may be issued.  
81. Power to take bond for appearance.  
82. Court may order prisoner to be brought before it.  
83. Provisions of Chapter V generally applicable to summons es and 
warrants.  
84. Person convicted or acquitted not to be tried again for same 
offence.  
85. Consequences supervening or not known at time of former trial.  
86. Where original court was not competent to try subsequent charge.  
87. Where plea of guilty to another offence is accepted.  
88. Special pleas allowed to be pleaded.  
89. General effect of pleas of autrefois acquit  or autrefois  convict . 
90. Effect where previous offence charged was without aggravation.  
91. Use of deposition, etc., and former tr ial, on trial of special plea.  
92. Proof of previous conviction.  
93. Summons for witness.  
94. Warrant for witness who disobeys summons.  
95. Warrant for witness in first instance.  
96. Mode of dealing with witness arrested under warrant.  
97. Power of c ourt to order prisoner to be brought up for examination.  
98. Penalty for non -attendance of witness.  
99. Power to summon material witness or examine person present.  
100. Evidence to be given on oath.  
101. Refractory witness.  
102. Proof by formal admiss ion. 
103. Taking of evidence.  
104. Recording of evidence.  
105. Procedure where person charged is the only witness called.  
106. Procedure where there are two or more accused.  
107. Addressing the court.  
108. Mode of delivering judgement.  
109. Contents  of judgement.  
110. Accused entitled to copy of judgement on application.  
111. Property found on accused.  
112. Alternative convictions.  
113. Committal to prison.  
114. Accused entitled to be present at trial and may be represented by 
counsel.  
CHAPTER VI 
Incapacity to Plead and Insanity  
115. Court to inquire into suspected incapacity of accused.  116. Trial, etc., may be resumed.  
117. Certificate of medical practitioner.  
118. Defence of insanity at preliminary inquiry.  
119. Inability to understand pr oceedings.  
120. Defence of insanity at trial.  
CHAPTER VII  
Procedure in Trials, etc., before a Magistrate’s Court  
121. Non-appearance of complainant at trial.  
122. Non-appearance of defendant at trial.  
123. When neither party appears.  
124. Appearance o f both parties.  
125. Where cause of complaint has arisen out of jurisdiction of the 
court.  
126. Accused pleading guilty.  
127. Pleas in other cases.  
128. Procedure after plea of not guilty.  
129. Acquittal of accused if no case to answer.  
130. The defe nce. 
131. Evidence in rebuttal.  
132. Amendment, etc., of charge and variance between charge and 
evidence.  
133. Decision of the court.  
134. Drawing up conviction.  
135. Certificate of acquittal.  
136. Costs to defendant in private prosecutions.  
137. Limitation of time for proceedings for summary offence.  
138. Special procedure in minor cases where the charge is admitted.  
CHAPTER VIII  
Procedure for Committal for Trial before the High Court  
139. Power to commit for trial.  
140. Court to hold preliminary  inquiry.  
141. Magistrate to read charge to accused and explain purpose of the 
procee dings.  
142. Taking of depositions.  
143. Written statements in lieu of depositions.  
144. Variance between evidence and charge.  
145. Remand.  
146. Statement of accused.  
147. Procedure if offence is admitted by accused.  
148. Evidence and address in defence.  
149. Discharge of accused.  
150. Committal for trial.  
151. Complainant and witnesses to be bound over.  
152. Refusal to be bound over.  
153. Accused entitled to co py of depositions.  
154. Binding over witnesses conditionally.  
155. Depositions of person dangerously ill, etc., or about to depart from 
Saint Vi ncent and the Grenadines.  
156. Notice to be given of statement to be taken under section 155.  
157. Magistrat e to deal with depositions under section 155 like other 
depos itions.  
158. Depositions under section 155 admissible in evidence.  159. Transmission of depositions, etc.  
160. Director of Public Prosecutions may refer case back for further 
inquiry.  
161. Bill of indictment.  
162. Bill of indictment preferred by consent.  
163. Mode of trial and preferment of indic tment.  
164. Offences to be specified in indictment.  
165. Joinder of counts.  
166. Joinder of two or more accused in one i ndictment.  
167. Rules fo r the framing of indictments.  
168. Notice of trial.  
169. Service of copy of indictment, etc., and n otice of trial.  
170. Postponement of trial.  
CHAPTER IX  
Committal for Sentence  
171. Procedure where accused admits guilt at preliminary inquiry.  
172. Transmission of proceedings.  
173. Accused to be brought before a judge to be dealt with.  
174. Withdrawal by accused of consent to committal for sentence.  
175. Powers of judge when dealing with persons committed for 
sentence.  
176. Notice by person committe d for trial of intention to plead guilty.  
176A.  Committal for sentence in drug trafficking cases.  
CHAPTER X  
Procedure in Trials before the High Court  
177. Bench warrant where accused does not a ppear.  
178. Bringing up prisoner for trial.  
179. Arraignmen t of accused.  
180. Objection to indictment on grounds of insu fficiency of particulars.  
181. Amendment of indictment, separate trial and postponement of trial.  
182. Quashing of indictment.  
183. Charge of previous conviction.  
184. Pleading to the indict ment.  
185. Refusal or incapacity to plead.  
186. Procedure when plea made.  
187. Power to postpone or adjourn trial.  
188. Procedure relating to jurors.  
189. Giving accused in charge of jury.  
190. Case for the prosecution.  
191. Additional evidence for the prosecution.  
192. Cross -examination of prosecution wi tnesses.  
193. Deposition may be read in certain cases.  
194. Statement or evidence of accused.  
195. Close of case for prosecution.  
196. Case for the defence.  
197. Additional witnesses for the de fence.  
198. Notice of alibi.  
199. Evidence in reply.  
200. Court may require witness to be called.  
201. Summing up by the judge and consider ation of verdict by the jury.  
202. Recording of verdict.  
203. Verdict of not guilty.  204. Calling upon the acc used.  
205. Motion in arrest of judgement.  
206. Evidence for arriving at proper sentence.  
207. Sentence.  
208. Recording of judgement.  
209. Objection cured by verdict.  
210. Time for raising objections.  
211. Minute of proceedings in trial before High C ourt. 
CHAPTER XI  
Appeals from a Magistrate’s Court  
212. Appeal from decision of a magistrate’s court.  
212A.  Appeal from decision of a magistrate’s court.  
213. Magistrate to inform accused of right of appeal.  
214. Limitations on right of appeal.  
215. Appeal to operate as a stay.  
216. Recognisance to be taken.  
217. Transmission of appeal papers.  
218. Admission of appellant to bail.  
219. Case stated.  
220. Remedy if case stated refused.  
221. Duty of magistrate’s court as to case stated.  
222. Appella nt entitled to copies of evidence; setting down for 
argument.  
223. Appeal not a re -hearing unless the court so directs.  
224. Procedure on hearing of appeal on motion.  
225. Court on hearing an appeal on motion to decide on facts as well as 
law. 
226. Appeal by special case, court confined to facts and evidence stated 
therein.  
227. Powers on hearing appeals.  
228. Costs on appeal.  
229. Where appeal is abandoned court may give respondent his costs.  
230. No appeal on point of form or matter of variance.  
231. Court may decide on merits notwithstan ding any defect in form.  
232. Defect in order or warrant or commitment not rendered void.  
233. Where conviction confirmed, warrant may be issued as though no 
appeal has been made.  
CHAPTER XII  
Miscellaneous  
234. Power to issue directions of the nature of habeas corpus.  
235. Power to issue writs.  
236. Rules for sections 234 and 235.  
237. Code not to affect powers conferred by other Acts.  
238. Seizure of property obtained by offence.  
239. Copies of proceedings . 
240. Rules and forms.  
241. Saving.  
242. Power of Director of Public Prosecutions.  
243. Application.  
244. Removal of difficulties.  
First Schedule  Offences which are triable both summarily and on indictment  
Second Schedule  Forms under the Criminal P rocedure Code  Third Schedule  Rules for Framing Indictment and Charges  
 
CHAPTER 172  
CRIMINAL PROCEDURE CODE  
An Act to make provision for the procedure to be followed in criminal cases, and for 
purposes connected therewith.  
[Act No. 44 of 1988 amended by A ct No. 33 of 1989, Act No. 62 of 1992, Act No. 15 of 1993, Act 
No. 4 of 1994, Act No. 36 of 2004, Act No. 13 of 2007.]  
[Date of commencement: 30 th October , 1989.]  
[SRO 34 of 1989.]  
CHAPTER I  
Preliminary  
1.   Short title  
This Act may be cited as the Crimina l Procedure Code.  
2.   Interpretation  
In this Code, unless the context otherwise requires — 
“committed for trial”  means committed for trial before the High Court;  
“complaint”  means an allegation that an offence has been committed;  
“counsel”  means any legal practitioner instructed and entitled to represent any 
party in proceedings before a court;  
“court”  means the High Court or a magistrate’s court, as the context may r equire;  
“indictable offence”  means — 
 (a) any offence punishable with death, or for which th e punishment is fixed by 
law; 
 (b) any offence punishable with imprisonment for two years or more; and  
 (c) any offence which under any written law is stated to be triable on 
indic tment,  
and an offence may be an indictable offence notwithstanding that unde r this Code it 
may also be triable summarily;  
“judge”  means any judge assigned to Saint Vincent and the Grenadines under 
section 16 of the Court Order;  
“judicial officer”  includes a judge, the Registrar, a magistrate and a ju stice of the 
peace;  
“legal prac titioner”  means any person authorised to practise as such b efore the 
High Court under the provisions of any law for the time being in force;  
“magistrate’s court”  means a court exercising jurisdiction under the Magistrate’s 
Act; 
[Chapter 30.]  
“oath”  include s affirmation and “swear”  and its grammatical variations includes 
“affirm”  and its grammatical variations;  “preliminary inquiry”  means an inquiry into a criminal charge conducted by a 
magistrate’s court under the provisions of this Code with a view to the committal of an 
accused person for trial before the High Court;  
“private prosecution”  means a prosecution instituted by any person other than — 
 (a) a person appearing on behalf of the Crown, of the Commissioner of Police or 
of any department of Government;  or 
 (b) a public officer acting in his official capacity or any person appea ring on his 
behalf;  
“public officer”  means any person holding any office in the public service of the 
Government whether temporarily or permanently and whether paid or unpaid.  
3.   Inquiry into and trial of offences  
(1)  Subject to the express provisions of any other law, all offences shall be inquired 
into, tried and otherwise dealt with according to the provisions of this Code.  
(2)  Notwithstanding anything contained in this Code , the High Court and a 
magistrate’s court may, subject to the provisions of any law in force in Saint Vincent and 
the Grenadines, in exercising criminal jurisdiction in respect of any matter or thing to 
which the procedure prescribed by this Code is inappl icable, or for which no procedure is 
so prescribed, exercise such jurisdiction according to the procedure and practice observed 
by and before the Crown Court or, as the case may be, a magistrate’s court in England.  
CHAPTER II  
Powers of Courts, etc.  
4.   Courts to be open  
(1)  Subject to the provisions of subsection (2), the place in which any court sits for 
the purpose of inquiring into or trying any offence shall be an open court to which the 
public generally may have access, so far as the same can conve niently contain them.  
(2)  Without prejudice to the provisions of any law relating to juvenile courts, a judge 
or magistrate, as the case may be, at any stage of the trial of, or inquiry into, any 
particular case may, in his absolute discretion exercised eit her on his own motion or on 
application by any party to the trial or inquiry, order that the public generally or any 
particular person or persons shall not have access to or remain in the room or building 
used by the court.  
(3)  There shall be no appeal fr om any order made by a judge or magistrate pursuant to 
subsection (2).  
5.   Authority of courts and general validity of judicial process  
(1)  Every court has authority to cause to be brought before it any person who is 
within Saint Vincent and the Grenadin es, or on a Saint Vincent and the Gren adines vessel 
or aircraft and who is charged with an offence — 
 (a) committed within Saint Vincent and the Grenadines; or  
 (b) which according to law may be inquired into or tried as if it had been 
commi tted within Sain t Vincent and the Grenadines,  
and to deal with the person according to the law and subject to the jurisdiction of the 
court concerned.  
(2)  Subsection (1) is without prejudice to any law relating to extradition.  (3)  Any summons, warrant of arrest, search warrant or other judicial process issued in 
due form under the provisions of any law by any court or judicial officer shall be of full 
force and effect in all parts of Saint Vincent and the Gren adines without any requirement 
for further authentication, bac king or endorsing by any person b efore execution, and shall 
remain valid notwithstanding that the person issuing the same has died or ceased to hold 
office.  
(4)  In addition to the powers conferred upon a judge by this Code or any other law, a 
judge shall have all the powers conferred by this Code or any other law upon a magistrate 
to issue any summons, warrant of arrest, search warrant or other jud icial process.  
(5)  It shall not be necessary that the magistrate who acts before or after the hearing of 
a case should be the magistrate by whom the case was heard or dete rmined.  
6.   Powers of courts to try offences  
(1)  Subject to the other provisions of this Code — 
 (a) any offence may be tried by the High Court;  
 (b) any offence in respect of which jurisdictio n is conferred upon such court 
under the provisions of this Code or any other law may be tried by a 
magi strate’s court.  
(2)  Notwithstanding anything in subsection (1), the High Court shall only have power 
to try an offence which is triable summarily under  section 8(1)( a) or ( b) if such offence is 
charged together with an offence which is not triable su mmarily under either of those two 
paragraphs.  
7.   Offences under certain laws  
(1)  Any offence under any law shall, when any court is mentioned in that b ehalf in 
such law, be tried by such court.  
(2)  When no court is mentioned in the manner referred to in subsection (1), such 
offence shall be tried in accordance with this Code.  
8.   Jurisdiction of magistrate’s court  
(1)  Without prejudice to the provisions of any other law, a magistrate’s court shall 
have jurisdiction to try — 
 (a) any offence, other than an offence punishable with death, which is not 
punishable with imprisonment;  
 (b) any offence punishable with imprisonment for not more than one year;  
 (c) any offence which is triable summarily by virtue of the provisions of 
sections 9 to 15; and  
 (d) any offence which is stated in any law other than this Code to be triable 
summarily whether or not such offence may also be tried on indictment.  
(2)  For the p urposes of subsection (1)( d), it shall be deemed that an offence is stated 
to be triable summarily where the punishment in the case of a summary trial is prescribed 
whether or not it is specifically stated that the offence is triable summarily or where it is 
stated that the offence may be tried by a magistrate.  
9.   Offences triable summarily or on i ndictment  
(1)  Subject to the provisions of section 16, where a person who has attained the age of 
eighteen is brought before a magistrate’s court charged with an indic table offence specified in the First Schedule, or with an offence which under any other law is triable 
summarily or on indictment, the provisions of sections 10 to 15 shall apply.  
(2)  Subject to the provisions of section 16, where a person who has  not a ttained the 
age of eighteen is brought before a magistrate’s court charged with an indictable offence, 
other than homicide, the provisions of sections 10 to 15 shall apply.  
10.   Presence of accused  
Every thing that the court is required to do under sections 11 to 15 shall be done 
before any evidence is called and with the accused in court unless he so conducts himself 
as to render it impracticable for the proceedings to be conducted in his presence or he 
absents himself voluntarily.  
11.   Matters to be considered  
(1)  The court shall consider whether, having regard to the matters mentioned in 
subsection (3) and any representations made by the prosecutor or the accused, the offence 
appears to the court to be more suitable for summary trial or for trial  on indictment.  
(2)  Before considering as required by subsection (1), the court shall — 
 (a) cause the charge to be written down, if this has not already been done, and 
read to the accused; and  
 (b) afford first the prosecutor and then the accused an oppor tunity to make 
representations as to which mode of trial would be more sui table.  
(3)  The matters to which the court is to have regard under subsection (1) are — 
 (a) the nature of the case;  
 (b) whether the circumstances of the case make the offence one of  a serious 
character;  
 (c) whether the punishment which the court would have power to inflict for it 
would be adequate; and  
 (d) any other circumstances which appear to the court to make it more suitable 
for the offence to be tried one way rather than the other.  
(4)  Notwithstanding anything contained in subsections (1) to (3), if the D irector of 
Public Prosecutions applies in writing for the offence to be tried on i ndictment, the court 
shall proceed to inquire into the matter in accordance with the provisi ons of Chapter VIII.  
12.   Where court considers summary trial more suitable  
(1)  If, when the court has considered as required by section 11, it appears to the court 
that the offence is more suitable for summary trial, the provisions of subsections (2) 
and (3) shall apply.  
(2)  The court shall explain to the accused in ordinary language that — 
 (a) it appears to the court to be more suitable for him to be tried summ arily for 
the offence and that he can either consent to be so tried or, if he wishes, be 
tried on indictment; and  
 (b) that if he is tried summarily and convicted by the court, he may be committed 
for sentence to the High Court under section 19 if the court, on obtaining  
information about his character and antecedants, is of the opinion that they 
are such that greater punishment should be inflicted than the convic ting court 
has power to inflict for the offence.  (3)  After explaining to the accused as provided by subsection (2), the court shall ask 
him whether he consents to be tried summarily or wh ether he wishes to be tried on 
indictment and — 
 (a) if he consents to be tried summarily, the court shall proceed to summary 
trial; and  
 (b) if he does not so consent, the court shall proceed to inquire into the charge in 
accordance with the provisions of Chapter VIII.  
13.   Where court considers trial on indictment more suitable  
If, when the court has considered as required by section 11, it appears to the court that 
the offence is more suitable for trial on indictment, the court shall tell the accused tha t it 
has so decided and shall proceed to inquire into the charge in accordance with the 
provisions of Chapter VIII.  
14.   Procedure when property is below certain value  
(1)  If the offence is one specified in paragraph 3 of the First Schedule, then the cou rt 
shall, before proceeding in accordance with the provisions of section 11, consider 
whether, having regard to any representations made by the prosec utor or the accused, the 
value involved at the time of the offence, measured in a ccordance with the provis ions of 
that Schedule, appears to be less than three thousand dollars; if the court so d ecides, it 
shall proceed to try the offence summarily and the accused shall have no right to be tried 
on indictment.  
(2)  If the court has decided that the value does n ot exceed three thousand dollars and 
has commenced to try the matter summarily then, notwithstanding that it subsequently 
appears that the value exceeds three thousand dollars, the summary trial shall continue.  
(3)  A summary trial shall not be invalidated  by reason of the fact that at any time after 
the trial has commenced, whether before or afters its conclusion, it appears that the value 
exceeded three thousand dollars.  
(4)  When a court has tried a matter summarily by virtue of subsection (1) and has 
convicted the accused it may commit the accused for sentence in accordance with the 
provisions of section 19.  
[Section 14 amended by Act No. 62 of 1992.]  
15.   Consent in case of persons under fourteen  
(1)  When consent is required to be given for summary tr ial, such consent shall, in the 
case of a person who has not attained the age of fourteen, be given by the parent or 
guardian, if present in court, of such person. If no such parent or guardian is present then 
no consent shall be required.  
(2)  The court m ay, in its discretion, adjourn the case so as to give a parent or guar dian 
an opportunity to be present in court.  
16.   Two or more offences of accused  
(1)  When a person is charged with more than one offence which could, in a ccordance 
with the provisions of this Code, if tried on indictment be tried together, then, if any one 
or more of those offences is an offence which is not triable su mmarily, all the offences 
shall be tried on indictment and the provisions of sections 9 to 14 shall not apply.  
(2)  When  a person is charged with more than one offence which could, in a ccordance 
with the provisions of this Code, if tried on indictment be tried together, then, if both or 
all the offences are triable summarily, whether by virtue of se ctions 9 to 14 or otherwi se, and the accused in respect of one or more of the o ffences has the right of election to be 
tried on indictment and so elects, then all such offences shall be tried on indictment.  
(3)  Where two or more persons are charged jointly or who could, in acco rdance with 
the provisions of this Code, if tried on indictment, be tried together, with an offence or 
offences in respect of one or more of which the court offers election of summary trial or 
trial on indictment, such offence or offences shall only be tried  summarily if both or all 
the a ccused elect for summary trial.  
17.   Sentences which courts may pass  
(1)  Subject to the provisions of this section, a court may pass any sentence authorised 
to be passed by law in respect of any offence for which it is impo sed. 
(2)  Subject to the provisions of subsections (3) to (5), a magistrate’s court shall not 
pass— 
 (a) a sentence of imprisonment for more than seven years;  
 (b) a fine of more than twenty thousand dollars.  
[Subsection (2) amended by Act No. 62 of 1992 a nd by Act No. 36 of 2004.]  
(3)  Notwithstanding anything in subsection (2), where any law — 
 (a) provides the term of imprisonment which may be imposed for an offence on 
summary conviction;  
 (b) provides the amount of fine which may be imposed for an offenc e on 
summary co nviction; or  
 (c) provides both the term of imprisonment and the fine which may be imposed 
on su mmary conviction,  
then a magistrate’s court may impose such fine or such sentence of impriso nment, or 
both, notwithstanding that such fine or imp risonment exceeds the limits laid down in 
subsection (2).  
(4)  Any court may pass any lawful sentence combining any of the sentences which it 
is authorised by law to pass.  
(5)  In determining the extent of a court’s jurisdiction to pass a sentence of 
impri sonment, the court shall have jurisdiction to pass the full sentence of i mprisonment 
permitted under this section in addition to any term of imprisonment which may be 
ordered in d efault of payment of a fine, costs or compensation.  
18.   Sentences in cases of conviction of more than one offence at one trial  
(1)  Subject to subsection (2), when a person is convicted at one trial of two or more 
offences, the court may sentence him for such offences to the several pu nishments 
prescribed therefor which such cour t is competent to impose. Such punishments when 
consisting of terms of imprisonment shall commence one after the other unless the court 
directs that the sentences shall run concurrently.  
(2)  Notwithstanding anything contained in subsection (1), the aggreg ate 
imprisonment imposed by a magistrate’s court, excluding imprisonment in default of 
payment of a fine, costs or compensation, at one trial shall not exceed fourteen years nor 
the aggregate fine of thirty thousand dollars.  
[Subsection (2) amended by Act No. 36 of 2004.]  
19.   Committal for sentence  
(1)  When a magistrate has convicted a person of an offence triable both summarily 
and on indictment and is of the opinion that a higher sentence should be passed in respect of the offence that he has power to pass, he may commit the offender for sentence to the 
High Court.  
(2)  On committing a person under subsection (1), the magistrate may either admit the 
offender to bail or remand him in custody until he appears, or is brought, before the High 
Court.  
(3)  When an offender is committed under subsection (1), the High Court may deal 
with him and make any order it could have made if he had been convicted before that 
court on indictment.  
20.   Supervision order  
(1)  When a court convicts any person of stealing or destroying or damaging any 
property and the property stolen, destroyed or damaged is any tree, sapling, shrub, 
underwood, plant, root, fruit, vegetable, cocoa, nutmeg, mace, cotton or any cattle, the court 
may order such person to be placed under police su pervision for a period of one year.  
(2)  An order under subsection (1) may be additional to any other punishment, and if 
such order is made in addition to a sentence of imprisonment, the period of supervision 
shall commence immediately upon the expiry of s uch sentence.  
(3)  Every order made u nder subsection (1) shall require such person — 
 (a) within twenty -four hours of leaving the court or, where he has been 
sentenced to imprisonment, within the same period after his release from 
custody, to inform the off icer in charge of the police station nearest to his 
dwelling place of the address and exact location thereof;  
 (b) at least twenty -four hours before any change of residence on his part during 
the period of such order — 
 (i) to seek the permission in writing  of such officer for such change of 
residence, and  
 (ii) to inform the officer of the address and exact location of the dwelling 
place which is to be his residence after such change has occurred;  
 (c) to be and remain within his stated dwelling place betwe en the hours of 
7 p.m. each night and 6 a.m. each morning unless permitted by such officer 
to be absent therefrom;  
 (d) to obey any instructions given to him by such officer for the purpose of 
ensuring compliance on the part of such person with the require ments of the 
order; 
 (e) to receive such visits as may be made from time to time at his dwelling 
house by any police officer.  
21.   Failure to comply with section 20  
Any person who, without reasonable excuse, fails or neglects to comply with the 
requiremen ts of any order made under section 20 is guilty of an offence and liable to 
imprisonment for six months.  
CHAPTER III  
Arrest, Escape, Retaking, etc.  
22.   Arrest: how made  (1)  In making an arrest, the police officer or other person making the arrest shall 
actually touch or confine the body of the person to be arrested, unless there be a 
submi ssion to the custody by word or action.  
(2)  If such person forcibly resists the endeavour to arrest him, or endeavours to evade 
the arrest, such police officer or othe r person may use all means nece ssary to effect the 
arrest.  
(3)  Nothing in subsection (2) shall be deemed to justify the use of greater force than 
was reasonable in the particular circumstances in which it was employed or was 
necessary for the apprehension  of the person to be arrested.  
23.   Search of place entered by person sought to be arrested  
(1)  If any person acting under a warrant or order to arrest, or having authority to arrest 
without warrant, has reason to believe that the person to be arrested h as entered into or is 
within any place, the person residing in or being in charge of such place shall, on demand 
of such person acting as aforesaid, allow him free ingress thereto and afford all 
reaso nable facilities for a search therein.  
(2)  If entrance to such place cannot be obtained under subsection (1), it shall be 
lawful in any case for a person acting under a warrant or order from a magi strate, and in 
any case in which a warrant may be issued but cannot be obtained without affording the 
person to be  arrested an opportunity to escape, for a police officer to enter such place and 
search therein and, in order to effect an entrance into such place, to break open any outer 
or inner door or window of any house or place, whether that of the person to be arr ested 
or of any other person, if after notification of his authority and purpose and demand of 
admittance duly made, he cannot otherwise obtain admi ttance.  
24.   Power to break open doors and windows for liberation  
Any person authorised to make an arrest m ay break open any outer or inner door or 
window of any house or place in order to liberate himself or any other person who, 
having lawfully entered for the purpose of making an arrest, is d etained therein.  
25.   No unnecessary restraint  
A person arrested s hall not be subjected to more restraint than is necessary to prevent 
his escape.  
26.   Search of arrested person  
(1)  When a person is arrested — 
 (a) by a police officer under a warrant which does not provide for the taking of 
bail or under a warrant which  provides for the taking of bail but the person 
arrested cannot furnish bail; or  
 (b) without warrant, or by a private person under a warrant, and the pe rson 
arrested cannot legally be admitted to bail or is unable to furnish bail,  
the police officer makin g the arrest, or when the arrest is made by a private pe rson, the 
police office to whom he makes over the person arrested, may search such person and 
place in safe custody all articles, other than necessary wearing apparel, found upon him.  
(2)  The provisi ons of subsection (1) shall be without prejudice to the prov isions of 
this Code or any other law giving a right to search.  
27.   Power of police officer to detain, search, etc.  Any police officer may stop, search and detain any vessel, vehicle or aircraft in which 
or upon which there shall be reason to suspect that anything stolen or unlawfully obtained 
may be found, or any other thing in respect of which an o ffence is being or has been 
committed is to be found, and also any person who may reasonably be sus pected of 
having in his possession or conveying in any manner anything stolen or u nlawfully 
obtained or in respect of which an offence is being or has been commi tted. 
28.   Mode of searching women  
(1)  Whenever it is necessary to cause a woman to be search ed, the search shall be 
made by another woman with strict regard to decency.  
(2)  If a woman is searched by a man or without strict regard to decency, the person 
authorising the search and the person carrying out the search shall each be guilty of an 
offen ce and liable to imprisonment for six months.  
29.   Power to seize offensive weapons  
The officer or other person making any arrest may take from the person a rrested any 
offensive weapon which he has about his person, and shall deliver all weapons so taken to 
the court or officer before which or whom the officer or person making the arrest is 
required to produce the person arrested.  
30.   Arrest by police officer without warrant  
(1)  Any police officer may, without an order from a magistrate and without a wa rrant, 
arrest — 
 (a) any person whom he suspects upon reasonable grounds of having committed 
an indictable offence;  
 (b) any person who commits in his presence any offence punishable by 
impri sonment;  
 (c) any person who obstructs a police officer while in t he execution of his duty, 
or who has escaped, or attempts to escape, from lawful custody;  
 (d) any person in whose possession anything is found which may re asonably be 
suspected to be stolen property, or who may reasonably be suspected of 
committing, or ha ving committed, an offence with reference to such thing;  
 (e) any person whom he suspects upon reasonable grounds of having been 
concerned in any act committed at any place out of Saint Vi ncent and the 
Grenadines which, if committed in Saint Vincent and th e Grenadines would 
have been punishable as an offence, and for which he is under the Fugitive 
Offenders Act, or any other law relating to extradition and in force in Saint 
Vincent and the Gren adines, or otherwise liable to be apprehended and 
detained in Sa int Vincent and the Grenadines;  
 (f) any person whom he suspects upon reasonable grounds of having in his 
possession, without lawful excuse, any implement of hous ebreaking;  
 (g) any person for whom he reasonably believes a warrant of arrest has been 
issued  by a court of competent jurisdiction in Saint Vincent and the 
Gren adines . 
[Chapter 175.]  
(2)  A police officer knowing of a design to commit any offence may arrest the person 
so designing if it appears to such officer that the commission of the offence cannot 
otherwise be prevented.  (3)  Nothing in this section shall be held to limit or modify the operation of any other 
law empowering a police officer to arrest without a warrant.  
31.   Refusal to give name and residence  
(1)  When any person who in the pres ence of a police officer has committed or has 
been accused of committing a non -indictable offence refuses on demand of such officer to 
give his name and residence, or gives a name or residence which such officer has reason 
to believe to be false, he may be  arrested by such officer in order that his name or 
residence may be ascertained:  
Provided that a police officer shall, unless he is in uniform, produce ev idence of his 
identity before demanding a person’s name and residence.  
(2)  When the true name and re sidence of such person have been ascertained he shall 
be released on him executing a bond, with or without sureties, to appear before a 
magi strate if so required:  
Provided that if such person is not resident in Saint Vincent and the Gren adines, the 
bond sh all be secured by a surety or sureties resident in Saint Vincent and the Gren adines.  
(3)  Should the true name and residence of such person not be ascertained within 
twenty -four hours from the time of arrest, or should he fail to execute the bond or, if so  
required, fail to furnish sufficient sureties, he shall forthwith be taken before the nearest 
magistrate having jurisdiction.  
32.   Arrest by private person  
Any private person may arrest any person who in his view commits an indic table 
offence, or whom he  reasonably suspects of having committed an offence punis hable with 
imprisonment for three years or more (provided that such offence has been commi tted). 
33.   Arrest by owners of property  
Persons found committing any offence involving injury to property m ay be a rrested 
without a warrant by the owner of the property or his employees or pe rsons authorised by 
him. 
34.   Disposal of persons arrested by private persons  
(1)  A private person arresting any other person without a warrant shall, wit hout 
unnecessary  delay, make over such person to a police officer or in the absence of such an 
officer shall take such arrested person before a magistrate.  
(2)  If there is reason to believe that the person arrested comes under the pr ovisions of 
section 30, a police offic er shall re -arrest him.  
(3)  If there is reason to believe that he has committed a non -indictable o ffence, and he 
refuses on the demand of a police officer to give his name and res idence, or gives a name 
and residence which such officer has reason to belie ve to be false, he shall be dealt with 
under the provisions of section 31. If there is no sufficient reason to believe that he has 
committed any offence he shall be at once r eleased.  
35.   Detention of persons arrested without warrant  
(1)  When any person has been taken into custody without a warrant for an o ffence, 
other than an offence punishable with death, the police officer in charge of the police 
station or other place for the reception of arrested persons to which such person is brought 
shall at once  inquire into the case, and if, when the inquiry is completed, there is no 
sufficient evidence to believe that the person has co mmitted any offence he shall be 
released fort hwith.  (2)  If upon such inquiry there is reason to believe that the person has co mmitted an 
offence but the offence does not appear to be of a serious nature such police officer may, 
and shall if it does not appear practicable to bring such person b efore a court within 
twenty -four hours after he was taken into custody, release the perso n on him executing a 
bond, with or without sureties, to appear before a magistrate’s court at a time and place 
named in the bond.  
(3)  If, on a person being taken into custody, it appears to the police officer that the 
inquiry into the case cannot be compl eted forthwith, he may release such person on him 
executing a bond, with or without sureties, to appear at such police station and at such 
times named in the bond unless he receives prior notice in writing from the officer in 
charge of that police station that his attendance is not required. Any such bond may be 
enforced as if it were a bond conditioned for the appearance of such person before a 
magistrate’s court for the place in which such police station named in the bond is situated.  
(4)  When any person  taken into custody is retained in custody, he shall be brought 
before a magistrate’s court at the earliest time practicable, whether or not the police 
inquiries are complete, and in any event within forty -eight hours.  
(5)  When any person has been arreste d and is being held in custody in a p olice station 
or other premises, he shall be entitled to have intimation of his arrest and the place where 
he is being held sent to one person reasonably named by him without delay or, when 
some delay is necessary in th e interest of the investigation or prevention of crime or the 
apprehension of offenders, with no more delay than is so necessary.  
36.   Offences committed in judicial officer’s presence  
When any offence is committed in the presence of a judicial officer fo r which a police 
officer could arrest without a warrant, the judicial officer may himself arrest or order any 
person to arrest the offender, and may thereupon, subject to the provisions of this Code 
relating to bail, commit the offender to custody.  
37.   Recapture of person escaping  
If a person in lawful custody escapes or is rescued, the person from whose custody he 
escapes or is rescued may immediately pursue and arrest him in any place in Saint 
Vincent and the Grenadines.  
38.   Arrest by judicial officer  
A judicial officer may at any time arrest, or direct the arrest in his presence, any person 
for whose arrest he is competent at the time and in the circumstances to issue a wa rrant. 
39.   Provisions of sections 23 and 24 to apply to arrests under sections  36 and 38  
The provisions of sections 23 and 24 shall apply to arrests under sections 36 and 38 
although the person making the arrest is not a police officer having authority to arrest.  
40.   Assistance to judicial officer or police officer  
Every person is  bound to assist a judicial officer or police officer reasonably 
deman ding his aid — 
 (a) in the taking and preventing the escape of any other person whom such 
judicial officer or police officer is authorised to arrest;  
 (b) in the prevention or suppression  of a breach of the peace or in the preve ntion 
of any injury attempted to be committed to any public property.  
41.   Search warrants  (1)  When a judicial officer is satisfied by evidence on oath that there is reasonable 
cause to believe that any property w hatsoever with or with respect to which an offence 
has been committed is in any place, such officer may grant a warrant (hereinafter referred 
to as a “search warrant”) directed to a police officer or other person to enter and search 
any place in any part o f Saint Vincent and the Grenadines, by force if necessary, at any 
time of day or night. If such property or any part thereof be found, such officer shall seize 
it and bring it before a magistrate’s court to be dealt with according to law.  
(2)  For the purp oses of this section and section 42, “place”  includes any building, 
vessel, aircraft, vehicle, box, receptacle or locality whatsoever in any part of Saint 
Vincent and the Grenadines as may be specified in the warrant.  
(3)  Every warrant shall be as near as  may be in the form set out in the Second 
Sche dule and shall be under the hand of the person issuing the same and, when issued by 
a court, shall bear the seal of that court. A search warrant may be issued on any day 
including a Sunday.  
(4)  A search warran t shall remain in force until it is executed or until it is cancelled by 
the person or court issuing it.  
(5)  A search warrant may be directed to one or more pe rsons and may be executed by 
all or anyone or more of them.  
(6)  A search warrant directed to a police officer may be executed by any other police 
officer whose name is endorsed on the warrant by the officer to whom it is directed or 
endorsed.  
(7)  The provisions of this section are without prejudice to the power to issue a search 
warrant conferred b y any other law, and the provisions of this section and section 42 shall 
apply to search warrants issued under any other law as they apply to warrants issued 
under this section.  
42.   Execution of search warrants  
(1)  Whenever any place liable to search in  accordance with the terms of a search 
warrant is closed, any person residing in or being in charge of such place shall, on 
demand of the police officer or other person executing the warrant and on its production 
to him, a llow such police officer or other person free ingress thereto and free egress 
therefrom and a fford all reasonable facilities for a search therein.  
(2)  If ingress thereto or egress from such place cannot be obtained or the person in 
charge thereof cannot be found, the police officer or oth er person executing the warrant 
may use such force as may be reasonably necessary to break open any outer or inner door 
or wi ndow of such place in order to enter or leave the same or the better to search therein.  
(3)  When any person in or about any such p lace is reasonably suspected of concea ling 
about his person any article for which a search is being made, such person may be 
searched by a person of the same sex and with a strict regard to decency.  
(4)  When anything is seized and brought before a court i n pursuance of power 
conferred by a search warrant, it may be retained until the conclusion of the case or 
invest igation in respect of which its seizure was authorised, reasonable care being taken 
for its preserv ation. 
(5)  If any appeal is made in such ca se or if any person is committed for trial, any 
court concerned may order any such thing to be retained further for the purpose of such 
appeal or trial.  
(6)  If no appeal is made or no person is committed for trial, the court shall direct such 
thing to be returned to the person from whom it was taken unless the court has power and 
sees fit, or is required by law, to dispose of it otherwise.  
CHAPTER IV  Bail and Security for Keeping the Peace or Good Behaviour  
43.   Bail in certain cases  
(1)  When any person,  other than a person charged with murder, genocide, high 
treason, treason or misprision of treason, appears or is brought before a court or is 
committed for trial by any court, and is prepared at any time or at any stage in the 
proceedings b efore such cour t to give bail, such person may, in the discretion of the court, 
be admitted to bail with or without sureties.  
(2)  The amount of bail in any case to which the provisions of subsection (1) apply 
shall not be excessive and any court may, in its discretion, accept a deposit of cash in lieu 
of giving security; provided that the amount of bail shall not be deemed to be excessive if 
it is equal to or less than the maximum fine prescribed for any offence with which the 
applicant has been charged.  
(3)  . . . . . .  
[Subsection (3) deleted by Act No. 15 of 1993.]  
(4)  In admitting a person to bail, the court may impose such conditions as it considers 
appropriate.  
(5)  Without prejudice to the generality of subsection (4), a person as a condition of 
being admitted to  bail may be required — 
 (a) to deposit his passport or other travel document with the court;  
 (b) to report to a police station at such times as may be stipulated;  
 (c) to confine himself to a specified locality either generally or between such 
hours of ea ch day or night as may be specified.  
(6)  When any person is in breach of a condition of his bail, he may be arrested 
without warrant by a police officer and brought before the court. When a person is 
brought b efore a court for breach of a condition of his  bail the court may, if it thinks fit, 
rescind his bail or may impose further conditions.  
(7)  In any case where a person in custody — 
 (a) is not eligible for bail;  
 (b) has been refused bail, under this section,  
such person shall be brought before the Cou rt for the purpose of a preliminary inquiry 
within nine months of the date when the charge is laid, failing which the person may 
apply to the High Court for bail and the High Court may in its discretion grant bail on 
such conditions as it may think fit.  
[Subsection (7) inserted by Act No. 15 of 1993.]  
44.   Discharge from custody when bail is granted  
(1)  As soon as the recognisance, with or without sureties, has been entered into, a 
person admitted to bail under the provisions of this Code shall be release d and if he is in 
prison the court admitting him to bail shall issue an order of release to the officer in 
charge of the prison and such officer shall, on receipt of such order, release him.  
(2)  Nothing in subsection (1) shall be deemed to require the rel ease of any person 
liable to be detained for some matter other than that in respect of which the recognisance 
was entered into.  
45.   Power to order further bail  If for any reason insufficient sureties have been taken, or if they afterwards become 
insuffic ient, the court may issue a warrant of arrest directing that the person released on 
bail be brought before it and may order him to find further sureties and, if he should fail 
to do so may commit him to prison.  
46.   Application for discharge by sureties f or appearance  
(1)  All or any of the sureties for the appearance of a person released on bail may at 
any time apply to the court to discharge the bond, either wholly or so far as it relates to 
the applicant or applicants.  
(2)  On such an application being made the court shall issue a warrant of arrest 
direc ting that the person so released shall be brought before it.  
(3)  On the appearance of such person pursuant to the warrant, or on his voluntary 
surrender, the court shall direct the bond to be discharged wholly or so far as it relates to 
the applicant or applicants and may call upon such person to find other sufficient sureties 
or to deposit such sum of cash as the court may fix, and if he fails to do so may commit 
him to prison.  
47.   Death of surety  
When  a surety to a bond dies before the bond is forfeited, his estate shall be 
discharged from all liability in respect of the bond, but the person who gave the bond may 
be required to find a new surety.  
48.   Person absconding may be arrested  
If it is made to  appear to any court, by information on oath, that any person bound by 
recognisance is about to leave Saint Vincent and the Grenadines, the court may issue a 
warrant for his arrest and may detain his passport or other travel document and commit 
him to pris on until trial, unless the court shall see fit to admit him to bail upon further 
recognisance.  
49.   Forfeiture of recognisance  
(1)  When it is proved to the satisfaction of a court by which a recognisance has been 
taken, or when the recognisance is for ap pearance before a court, that such recognisance 
has been forfeited, the court shall record the grounds of such proof and call upon any 
person bound by the recognisance to pay the penalty thereof or to show cause why it 
should not be paid.  
(2)  If sufficien t cause is not shown and the penalty is not paid, the court may proceed 
to recover the same by issuing a warrant for the attachment and sale of the moveable 
property belonging to such person, or of his estate if he be dead.  
(3)  Such warrant may be execute d by the attachment and sale of such property 
wherever found in Saint Vincent and the Grenadines.  
(4)  If such penalty is not paid and cannot be recovered by attachment and sale, the 
person so bound shall be liable, by order of the court which issued the w arrant, to 
impri sonment for six months.  
(5)  The court may, in its discretion, remit any portion of the pe nalty and enforce 
payment in part only.  
50.   Appeal against forfeiture of recognisance  
All orders made under section 49 by a magistrate’s court shall  be appealable to, and 
may be revised by, the High Court.  51.   High Court may direct levy  
The High Court may direct a magistrate’s court to levy the amount due on a 
recogn isance to appear and attend at the High Court.  
52.   Security for keeping the peace or for good behaviour  
Whenever a magistrate is informed that any person is likely to commit a breach of the 
peace or disturb the public tranquillity, or to do any wrongful act that may probably 
occasion a breach of the peace or disturb the public tranquill ity or injure the informant or 
his property or any other person or persons or their property, the magistrate may, in a 
manner hereinafter provided, require such person to show cause why he should not be 
ordered to execute a bond, with or without sureties, for keeping the peace or for being of 
good behaviour towards the informant of such other person or persons for such period, 
not e xceeding one year, as the magistrate thinks fit to fix.  
53.   Order to show cause to be made  
When a magistrate, acting under se ction 52, deems it necessary to require any person 
to show cause under such section, he shall make a provisional order in writing setting 
forth — 
 (a) the substance of the information received;  
 (b) the amount of the bond to be executed;  
 (c) the term for w hich it is to be in force; and  
 (d) the number, character and class of sureties, if any, required.  
54.   Procedure in respect of person present in court  
If such person in respect of whom such order is made is present in court, it shall be 
read over to him or, if he so desires, the substance thereof shall be explained to him.  
55.   Procedure in respect of person not present in court  
If such person is not present in court, the magistrate shall issue a summons requiring 
him to appear, or, when such person is i n custody, a warrant directing the officer, in 
whose custody he is, to bring him before the court:  
Provided that whenever it appears to such magistrate, upon the report of a police 
officer or upon other information (the substance of which report or informa tion shall be 
recorded by the magistrate), that there is reason to fear the commission of a breach of the 
peace, and that such breach of the peace cannot be prevented otherwise than by the 
immediate arrest of such person, the magistrate may at any time iss ue a warrant for his 
arrest. 
56.   Copy of order to accompany summons or warrant  
Every summons or warrant issued under section 55 shall be accompanied by a copy of 
the order made under section 53, and such copy shall be delivered by the officer ser ving 
or executing such summons or warrant to the person served with or arrested under the 
same.  
57.   Inquiry as to truth of information  
(1)  When an order under section 53 has been read or explained under section 54 to a 
person present in court, or when any perso n appears or is brought before a magistrate in 
compliance with or in execution of a summons or warrant issued under section 55, the magistrate shall proceed to inquire into the truth of the information upon which the action 
has been taken, and to take such  further evidence as may appear necessary.  
(2)  Such inquiry shall be made, as nearly as may be practicable, in the manner 
hereinafter prescribed for conducting trials and recording evidence in trials before the 
court.  
(3)  Where two or more persons have b een associated together in the matter under 
inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks 
just. 
58.   Order to give security  
(1)  If upon such inquiry it is proved that it is necessary for keeping the peace or 
maintaining good behaviour towards the informant or any other person or persons, as the 
case may be, that the person in respect of whom the inquiry is made should execute a 
bond, with or without sureties, the magistrate shall make an order accordingly:  
Prov ided that — 
 (a) no person shall be ordered to give security of a nature different from, or of 
an amount larger than or for a period longer than, that specified in the order 
made under section 53;  
 (b) the amount of every bond shall be fixed with due regard  to the circu mstances 
of the case and shall not be excessive;  
 (c) when the person in r espect of whom the inquiry is made is a minor, the bond 
shall be executed only by his sureties.  
(2)  Any person ordered by a magistrate to give security under this secti on may appeal 
to the Court of Appeal, and the provisions of Chapter XI (relating to appeals) shall apply 
to every such appeal.  
59.   Discharge of person informed against  
If on an inquiry under section 57 it is not proved that it is necessary for keeping th e 
peace or maintaining good behaviour towards the informant or any other person or 
persons as the case may be, that the person in respect of whom the inquiry is made should 
execute a bond, the magistrate shall make an entry on the record to that effect, an d, if 
such person is in custody only for the purposes of the inquiry, shall release him, or, if 
such person is not in custody, shall discharge him.  
60.   Commencement of period for which security is required  
(1)  If any person in respect of whom an order r equiring security is made under se ction 
53 or 58 is, at the time such order is made, sentenced to or undergoing a sentence of 
imprisonment, the period for which such security is required shall commence on the 
expiration of such sentence.  
(2)  In other case s such period shall commence on the date of such order unless the 
magistrate, for sufficient reason, fixes a later date.  
61.   Contents of bond  
The bond to be executed by any such person shall bind him to keep the peace or to be 
of good behaviour towards t he informant or such other person in respect of whom the 
order is made, as the case may be.  
62.   Power to reject sureties  The magistrate may refuse to accept any surety offered under any of the preceding 
sections on the ground that, for reasons to be reco rded by him, such surety is an unfit 
person.  
63.   Procedure on failure of person to give security  
(1)  If any person ordered to give security as aforesaid does not give such security on 
or before the date on which the period for which such security is to be given commences, 
he may be committed to prison, or, if he is already in prison, be detained in prison until 
such period expires or until within such period he gives the security; or he may be fined a 
daily sum not exceeding one hundred dollars for each day after the date on which such 
period commences, until such period expires or until within such period he gives such 
security.  
(2)  The period, if any, for which any person is imprisoned for failure to give security, 
shall not exceed six months.  
(3)  If the security is tendered to the officer in charge of the prison, he shall forthwith 
refer the matter to a magistrate and shall await the orders of such magistrate.  
64.   Power to release persons imprisoned for failure to give security  
Whenever a magistrate  is of the opinion that any person imprisoned for failing to give 
security may be released without hazard to the community or to the informant or to such 
other person or persons as the case may be, such magistrate may order such person to be 
discharged.  
65.   Application by surety for discharge  
(1)  Any surety for the peaceable conduct or good behaviour of another person may at 
any time apply to a magistrate to cancel any bond executed under any of the preceding 
sections.  
(2)  On such application being made , the magistrate shall issue his summons or 
warrant as he thinks fit, requiring the person for whom such surety is bound, to appear or 
to be brought before him.  
(3)  When such person appears or is brought before the magistrate, such magistrate 
shall cancel  the bond and shall order such person to give, for the une xpired portion of the 
term of such bond, fresh security of the same description as the orig inal security. Every 
such order shall, for the purposes of sections 61, 62, 63 and 64, be deemed to be an o rder 
made under section 58.  
CHAPTER V  
General Provisions Relating to Criminal Proceedings  
66.   Authority of Director of Public Prosecutions in respect of conduct of prosec utions  
(1)  The Director of Public Prosecutions, any legal practitioner instructed f or the 
purpose by him, and any Crown Counsel, may appear to prosecute on behalf of the 
Crown, the Commissioner of Police or any other public officer, public authority or 
department of Government in any criminal proceedings before any court.  
(2)  Subject to  such directions as may be given by the Director of Public Prosecutions 
from time to time, any police o fficer may conduct criminal proceedings in a magistrate’s 
court on behalf of the Crown or the Commissioner of Police, and any such police officer 
may a ppear and conduct the prosecution notwithstanding that he is not the officer who 
made the complaint or charge in respect of which such proceedings arose.  (3)  The Director of Public Prosecutions may by writing, authorise any public officer 
to conduct prosecu tions in a magistrate’s court in respect of particular matters or 
categ ories of offences in relation to the activities or functions of a particular department 
of the Go vernment.  
(4)  This section is without prejudice to the provisions of any other written law giving 
power to a public officer to conduct proceedings in a magistrate’s court.  
67.   Power of Director of Public Prosecutions to enter nolle prosequi  
(1)  In any proceedings against any person, and at any stage thereof before verdict or 
judgement, as  the case may be, the Director of Public Prosecutions may enter a nolle 
prosequi , either by stating in court or by informing the court in writing that the Crown 
intends that the proceedings, whether undertaken by himself or by any other person or 
authority , shall not continue, and thereupon the accused person shall be at once 
discharged in respect of the charge for which the nolle prosequi  is entered, and if he has 
been committed to prison shall be released, or if on bail his recognisance shall be 
discharge d; but such discharge of an accused shall not operate as a bar to any subsequent 
proceedings against him on account of the same facts.  
(2)  If the accused is not before the court when such nolle prosequi  is entered, the 
Registrar or the clerk of such court , as the case may be, shall forthwith cause notice in 
writing of the entry of such nolle prosequi  to be given to the officer in charge of the 
prison in which such accused may be detained and also, if the accused person has been 
committed for trial, to the magistrate’s court by which he was so committed and the clerk 
thereof shall forthwith cause a similar notice in writing to be given to any person bound 
over to prosecute or give evidence and to their sureties (if any) and also to the accused 
and his sureti es in case he shall have been admi tted to bail.  
(3)  Any person bound over to prosecute or give evidence and his sureties, if any, 
shall, upon the entering of a nolle prosequi , be released from his recognisances.  
(4)  Any nolle prosequi  or authority purpor ting to be signed by the Director of Public 
Prosecutions, shall be admitted and deemed to be prima facie  valid for the purpose for 
which it was issued without proof of the signature.  
68.   Withdrawal from prosecution  
In a trial before any court a public pr osecutor may, with the consent of the court or on 
the instructions of the Director of Public Prosecutions, and any other complainant may 
with the consent of the court, at any time before judgement is pronounced, withdraw from 
the prosecution of any person;  and upon such withdrawal — 
 (a) if it is made before the accused is called upon to make his defence, he shall 
be discharged but such discharge of an accused shall not operate as a bar to 
subsequent pr oceedings against him on account of the same facts;  
 (b) if it is made after the accused is called upon to make his defence, he shall be 
acqui tted. 
69.   Conduct of private prosecution  
Any person conducting a private prosecution may do so in person or may be 
represented by a legal practitioner instructed by him  in that behalf.  
70.   Complaint and charge  
(1)  Criminal proceedings may be instituted by the making of a complaint or by the 
bringing before a magistrate of a person who has been arrested without a warrant.  (2)  Any person who believes from a reasonable and probable cause that an offence 
has been committed by any person may make a complaint thereof to a magistrate.  
(3)  A complaint may be made orally or in writing, but if made orally shall be reduced 
to writing by the magistrate, and in either case shall be signed by the complainant and the 
magi strate:  
Provided that where proceedings are instituted by a police officer or other public 
officer, acting in the course of his duty as such, a formal charge, drawn up in conformity 
with the requirements of this Cod e, and duly signed by such officer, may be presented to 
the ma gistrate and shall for the purposes of this Code be deemed to be a complaint and 
shall be signed by the magistrate.  
(4)  A magistrate, upon receiving any such complaint, shall, unless such compl aint has 
been laid in the form of a formal charge under subsection (3), draw up, or cause to be 
drawn up, and shall sign, a formal charge containing a statement of the offence with 
which the accused is charged.  
(5)  When an accused person who has been arre sted without a warrant is brought 
before a magistrate, a formal charge containing a statement of the offence with which the 
accused is charged shall be signed and presented by the police officer preferring the 
charge.  
(6)  Every complaint shall be for one matter only but the complainant may lay one or 
more complaints against the same person at the same time and the court hearing any one 
of such complaints may deal with one or more of the complaints together or sep arately as 
the interests of justice appear t o require.  
(7)  Notwithstanding anything in subsection (6), no complaints shall be heard together 
if they could not be charged together in an indic tment in accordance with the provisions 
of section 165.  
71.   Issue of summons or warrant  
(1)  Upon receiving  a complaint and the charge having been duly signed in acco rdance 
with the provisions of section 70, a magistrate may in his discretion issue either a 
summons or a warrant of arrest to compel the attendance of the accused before a 
magi strate’s court:  
Provi ded that a warrant of arrest shall not be issued in the first instance unless the 
complaint has been supported by oath, either of the complainant or of a witness.  
(2)  A magistrate shall not refuse to issue a summons under the provisions of this 
section un less he shall be of the opinion that the application for a summons is frivolous or 
vexatious or an abuse of the process of the court and if he refuses to issue a summons the 
person applying for the same may require the magistrate to give him a written cert ificate 
of refusal and may apply to the High Court for an order directing such magistrate to issue 
the summons sought or such other summons as the High Court may direct.  
(3)  Every summons issued by a judicial officer under this Code shall be in writing, i n 
duplicate and signed by such judicial officer.  
(4)  Every summons shall be directed to the person summoned and shall require him to 
appear at a time and place to be therein a ppointed before a court having jurisdiction to 
inquire into or deal with the com plaint or charge. It shall state the offence for which the 
person against whom it is issued is charged.  
72.   Form, validity and execution of warrant of arrest  
(1)  Every warrant of arrest may be issued at any time on any day and shall be under 
the hand an d seal of the judicial officer by whom it is issued and directed to the police 
officer in charge of the place in which the act complained of has been committed or in which the person to be apprehended is believed to be, and to all other police officers of 
Saint Vincent and the Grenadines.  
(2)  Every warrant of arrest shall state shortly the o ffence with which the person 
against whom it is issued is charged, or other reason for the arrest, and shall name or 
otherwise describe such person and shall order the police officers to whom it is directed 
to bring such person before a magistrate’s court to answer to the charge therein 
mentioned or to be further or otherwise dealt with according to law. Any such warrant 
may be ex ecuted by any one or more police officers , and shall not be returnable to any 
particular time but shall remain in force until executed or cancelled by the judicial officer 
issuing the same or by order of a court having jurisdi ction in the matter.  
(3)  The judicial officer issuing such a warrant m ay at the same time or any subs equent 
time issue one or more duplicate warrants, and the Commissioner of Police may also 
certify and issue copies of any warrant received by him. Any duplicate warrant or 
certified copy as aforesaid shall be deemed to be of the same force and effect as the 
original.  
(4)  In the exercise of the powers conferred by a warrant of arrest, a police officer may 
enter (if need be, by force) and search any place where that person is or where the police 
officer with reasonable cause be lieves him to be.  
73.   Security may be taken  
(1)  When a warrant is issued for the arrest of any person for any offence other than 
murder, genocide, high treason, treason or misprision of treason, it may, in the descretion 
of the officer issuing the warra nt, be directed, by the endorsement on the warrant, that if 
such person executes a bond, with or without sureties if such officer thinks appropriate, 
for his attendance before the court at a specified time and date and thereafter until 
otherwise directed b y the court, the officer to whom the warrant is directed shall take 
such security, and shall release such person from custody.  
(2)  The endorsement shall state — 
 (a) the number of sureties, if any;  
 (b) the amount in which the person for whose arrest the w arrant is issued and his 
sureties, if any, are to be bound; and  
 (c) the time, date and place at which he is to attend before the court.  
(3)  Whenever security is taken under this section, the officer to whom the warrant is 
directed shall forward the bonds  to the court.  
74.   Service of summons  
(1)  Subject to the provisions of sections 75 and 76, every summons shall be served 
upon the person to whom it is directed by a police officer by delivering to him perso nally. 
(2)  Every person on whom a summons is s o served shall, if so required by the ser ving 
officer, sign a receipt therefor on the back of the duplicate.  
75.   Service when person summoned cannot be found  
(1)  Where a person summoned cannot by the exercise of due diligence be found, the 
summons may b e served by leaving the summons for him with some adult member of his 
family or with his employer, and the person with whom the summons is so left shall, if so 
required by the serving officer, sign a receipt therefor on the back of the duplicate.  
(2)  If any person with whom a summons is left pursuant to this section fails or refuses 
to take all reasonable steps to cause the same to be served, he is guilty of co ntempt of 
court.  76.   Procedure when service cannot be effected as hereinbefore provided  
If serv ice in the manner provided by sections 74 and 75 cannot by the exercise of due 
diligence be effected, the serving officer shall affix the summons to some conspicuous 
part of the building, vessel or other place in which the person summoned ordinarily 
resides, and thereupon the summons shall be deemed to have been duly served.  
77.   Service on a company  
Service of a summons on a body corporate may be effected by serving it on the 
secretary, manager or other principal officer of the corporation or by registere d letter 
addressed to the body corporate at its registered address in Saint Vincent and the 
Gren adines. In the latter case service shall be deemed to have been effected when the 
letter would have arrived in the ordinary course of post.  
78.   Proof of servi ce of summons  
(1)  If the person who serves a summons does not attend at the time and place 
mentioned in the summons, to depose if necessary to the service thereof, the court may 
accept, as prima facie  evidence of service, the summons endorsed with the dat e of service 
and signed by the person serving the same.  
(2)  In the case of service by registered post, the production of the certificate of 
registration shall be accepted by the court as prima facie  evidence of service.  
79.   Personal attendance of accuse d may be dispensed with  
(1)  The personal attendance of an accused before a magistrate’s court to answer a 
summons alleging an offence may be dispensed with in the circumstances set out in this 
section, in the case of an offence prescribed as being an offe nce to which the provisions 
of this section apply.  
(2)  An accused who desires to plead guilty and be convicted of any such offence in 
his absence may, within seven days of the service of the summons upon him, sign the 
same in the appropriate place in ackn owledgement of his guilt and return such summons 
by hand or by registered post to the clerk of the court together with the full amount in 
cash specified therein by way of penalty.  
(3)  A summons issued in respect of any such offence shall contain a notific ation to 
the accused of his rights under subsection (2) and shall specify the amount fixed by the 
magistrate issuing the same as the penalty for that offence by that accused person.  
(4)  Upon receiving from an accused the amount of the penalty and the summ ons duly 
signed and returned in accordance with the provisions of this section, the clerk of the 
magistrate’s court shall issue his official receipt for the amount of such penalty and shall 
place the summons before the magistrate who shall thereupon formal ly convict the 
accused of the offence and enter such conviction and the amount of the penalty in the 
records of the court.  
(5)  In any case in which an accused does not desire to plead guilty to an offence u nder 
the provisions of this section, his personal  attendance shall be required in answer to the 
summons and the ordinary provisions of this Code in respect of a summons shall a pply. 
(6)  The Attorney -General, after consultation with the Chief Justice, may, by order, 
prescribe offences to which the provis ions of this section shall apply.  
80.   If summons disobeyed, warrant may be issued  
If a person served with a summons does not appear at the time and place mentioned in 
the summons and it is proved to the satisfaction of the court in accordance with the 
provisions of section 78, that the summons was duly served a reasonable time before the date appointed for the appearance of the person before the court, the court, after taking 
such evidence on oath to substantiate the matter of the complaint as it may in a ny 
particular case consider necessary, may issue a warrant to arrest the person so summoned 
and to bring him before the court to be dealt with according to law:  
Provided that no warrant of arrest shall be issued in a case in which the summons is 
one to whi ch the provisions of section 79 apply and in which a written plea of guilty has 
been entered and the penalty paid in accordance with the provisions of that section.  
81.   Power to take bond for appearance  
(1)  Where any person for whose appearance or arres t a court is empowered to issue a 
summons or warrant is present in such court, the court may require such person to 
execute a bond, with or without sureties, for his appearance in such court on such date 
and at such time as may be appointed.  
(2)  When any person who is bound by any bond taken under the provisions of this 
section, or under any other provisions of the Code, to appear before a court, does not so 
appear, the court may issue a warrant directing that such pe rson be arrested and brought 
before the  court.  
82.   Court may order prisoner to be brought before it  
(1)  Where any person for whose appearance or arrest a court is empowered to issue a 
summons or warrant is confined in prison, the court may issue an order to the officer in 
charge of such pris on requiring him to bring such prisoner in proper custody, at a time to 
be named in the order, before such court.  
(2)  The officer to whom an order issued under the provisions of subsection (1) is 
irected, on receipt of such order, shall act in acco rdance therewith, and shall provide for 
the safe custody of the prisoner during his absence from the prison for the purpose 
aforesaid and shall thereafter return him to the prison unless otherwise ordered by a court 
of competent jurisdiction, and such prisoner sh all for all purposes be deemed to be in 
lawful custody during such absence.  
83.   Provisions of Chapter V generally applicable to summonses and warrants  
The provisions contained in this Chapter relating to summons and warrants and their 
issue, service and execution, shall, so far as may be, apply to every summons and every 
warrant of arrest issued under this Code.  
84.   Person convicted or acquitted not to be tried again for same offence  
A person who has been once tried by a court of competent jurisdiction for an offence 
and acquitted or convicted of such offence, while such acquittal or conviction has not 
been reversed or set aside, shall not be liable to be tried again on the same facts for the 
same offence.  
85.   Consequences supervening or not known at t ime of former trial  
A person convicted of an offence involving any act causing consequences which 
together with such act constitute a different offence from that for which such person was 
convicted may be afterwards tried for such last mentioned offence if  such consequences 
had not happened, or were not known to the court to have happened, at the time when he 
was convicted.  
86.   Where original court was not competent to try subsequent charge  Subject to the provisions of any other law, a person acquitted or  convicted of any 
offence constituted by any acts may, notwithstanding such acquittal or conviction, be 
subsequently charged with and tried for any other offence constituted by the same acts 
which he may have committed, if the court by which he was first t ried was not competent 
to try the offence with which he is subsequently charged.  
87.   Where plea of guilty to another offence is accepted  
Where a person charged pleads not guilty to an offence charged but guilty to some 
other offence of which he might be found guilty on that charge and he is convicted on that 
plea of guilty, without trial, for the offence of which he has pleaded not guilty then 
(whether or not the two offences are separately charged in distinct counts) his convi ction 
of the one offence sha ll be an acquittal of the other.  
88.   Special pleas allowed to be pleaded  
(1)  In every court the following special pleas, and no others, may be pleaded, that is 
to say, a plea of autrefois acquit , a plea of autrefois convict , and a plea of pardon.  
(2)  All other grounds of defence may be relied on under the plea of not guilty.  
(3)  The pleas of autrefois acquit , autrefois convict , and pardon may be pleaded 
together, and shall, if pleaded be disposed of before the accused is called on to plead 
further; and  if every such plea is disposed of against the accused, he shall be allowed to 
plead not guilty.  
(4)  In any plea of autrefois acquit , or autrefois convict , it shall be sufficient for the 
accused to state that he has been lawfully acquitted or convicted, a s the case may be, of 
the offence charged in the count to which the plea is pleaded.  
(5)  Every special plea shall be in writing or, if pleaded orally, shall be reduced to 
writing, and shall be filed with the Registrar or clerk of the court as the case may  be. 
89.   General effect of pleas autrefois acquit  or autrefois convict  
(1)  On the trial of an issue on a plea of autrefois acquit  or autrefois convict , if it 
appears that the matter on which the accused was tried on the former trial is the same in 
whole  or in part as that on which it is proposed to try him, and that he might on the 
former trial have been convicted of any of the offences of which he may be convicted on 
the count to which the special plea is pleaded, then, subject to subsection (2), the co urt 
shall give judgement that he is discharged from those counts which relate to such 
offences of which he might, on the former trial, have been convicted.  
(2)  If it appears that the accused might, on the former trial, have been convicted of 
any offence o f which he may be co nvicted on the count to which the special plea is 
pleaded, but that he may be convicted also on that count of some offence of which he 
could not have been convicted on the former trial, the court shall direct that he shall not 
be co nvicted on that count of any offence of which he might have been convicted on the 
former trial, but that he shall plead over to the other offence charged.  
(3)  Upon the trial of an issue to which this section refers, the judge or magistrate, as 
the case may, s hall d etermine whether in law the accused was convicted or liable to be 
convicted of any o ffence of which he stands charged or may be convicted of any offence 
of which he has pleaded autrefois acquit  or autrefois convict . In the High Court any i ssue 
of fac t arising in relation thereto shall be for determination by the jury, and the judge 
may, if he shall think fit, require the jury to return a special verdict in relation thereto.  
90.   Effect where previous offence charged was without aggravation  
(1)  Subje ct to the provisions of section 85, where an indictment charges substantially 
the same offence as that charged in the indictment on which the accused was given in the charge on a former trial, but adds a statement of intention or circumstances of aggravati on 
tending, if proved, to increase the punishment, the previous acquittal or conviction shall 
be a bar to the subsequent indictment.  
(2)  A previous acquittal or conviction on an indictment for manslaughter shall be a 
bar to a second indictment for the sam e homicide charging it as murder.  
91.   Use of deposition, etc., and former trial, on trial of special plea  
On the trial of an issue on a plea of autrefois acquit  or autrefois convict , the 
depos itions, if any, transmitted to the court on the former trial, together with the judge’s 
notes, if available, and the depositions transmitted to the court on the subsequent charge 
or the copy of the record of the magistrate’s court, as the case may be, shall be admissible 
in evidence to prove or disprove the identity of the charges.  
92.   Proof of previous conviction  
(1)  In any inquiry or other proceeding under this Code, in which it becomes nece ssary 
to prove the previous conviction of any accused, a copy of the record of the convi ction for 
the offence on summary tri al, or a certificate containing the substance and the effect only 
(omitting the formal part) of the indictment and conviction upon trial upon indictment, 
purporting to be signed by the officer having custody of the records of the court where the 
offender w as convicted shall, upon proof of the identity of the person, be suff icient prima 
facie  evidence of the said conviction without proof of the signature or official character of 
the person appearing to have signed such copy or certificate.  
(2)  Without preju dice to the provisions of subsection (1), prima facie  proof may be 
given of a previous conviction in any place within or without Saint Vincent and the 
Grenadines by the production of a certificate purporting to be issued under the hand of a 
police officer in the place where the conviction was had, containing a copy of the 
sentence or order and the fingerprints, or photographs of the fingerprints, of the person so 
convicted, t ogether with evidence that the fingerprints of the person so convicted are 
those of  the a ccused.  
93.   Summons for witness  
(1)  If it is made to appear on the statement of the complainant or of the defendant or 
otherwise, that material evidence can be given by or is in the possession of any person, a 
court having cognisance of any crimin al cause or matter concerned may issue a summons 
to such person requiring his attendance before such court or requiring him to bring and 
produce to such court for the purpose of evidence all documents, writings and things in 
his possession or power which m ay be specified or otherwise sufficiently described in the 
summons.  
(2)  Rules made under section 17 of the Court Order may prescribe the fees and 
expenses payable to witnesses summoned to give evidence in criminal cases in a 
magi strate’s court as well as in the High Court.  
94.   Warrant for witness who disobeys summons  
If, without sufficient excuse, a witness does not appear in obedience to a summons 
issued under the provisions of section 93 the court, on proof of the proper service of the 
summons a reason able time beforehand, may issue a warrant to bring him before the court 
at such time and place as shall be therein specified.  
95.   Warrant for witness in first instance  If the court is satisfied by evidence on oath that a person summoned as a witness will  
not attend unless compelled to do so, such court may at once issue a warrant for the arrest 
and production of the witness before the court at a time and place to be therein specified.  
96.   Mode of dealing with witness arrested under warrant  
When any witn ess is arrested under a warrant the court may, on his furnishing sec urity 
by recognisance to the satisfaction of the court for his appearance at the hearing of the 
case, order him to be released from custody, or shall, on his failing to furnish such 
securi ty, order him to be detained in custody for production at such hea ring. 
97.   Power of court to order prisoner to be brought up for examination  
In any case in which a court requires to examine as a witness in any proceedings 
before such court a person conf ined in any prison, the procedure provided by section 82 
shall be followed.  
98.   Penalty for non -attendance of witness  
(1)  Any person summoned to attend as a witness who, without lawful excuse, fails to 
attend as required by the summons, or who, having a ttended, departs without having 
obtained the permission of the court, or fails to attend after adjournment of the court after 
being ordered to attend shall be liable by order of the court to a fine of one hundred do llars. 
(2)  Such fine if not previously p aid may be levied by attachment and sale of any 
moveable property belonging to such witness within the limits of the jurisdiction of such 
court.  
(3)  In default of recovery of any such unpaid fine by attachment and sale, the wi tness 
may, by order of the co urt, be imprisoned as a civil prisoner for any term for which he 
could have been imprisoned for non -payment of a fine under section 29 of the Crim inal 
Code.  
(4)  For good cause shown, the High Court may remit or reduce any fine imposed 
under this section b y a magistrate’s court.  
99.   Power to summon material witness or examine person present  
Any court may, either of its own motion or on application (oral or otherwise) of any 
party to the proceeding, at any stage of any inquiry, trial or other proceeding, s ummon or 
call any person as a witness, or recall and re -examine any person already examined, and 
the court shall summon and examine, or recall and re -examine, any such person if his 
evidence appears to be essential to the just decision of the case:  
Provide d that the prosecutor or the counsel for the prosecution and the defendant or 
his counsel shall have the right to cross -examine any such person, and the court may 
adjourn the case for such time (if any) as it thinks necessary to enable such cross -
examinati on to be adequately prepared, if, in its opinion, either party may be placed at a 
serious disa dvantage by the calling of any such person as a witness.  
100.   Evidence to be given on oath  
(1)  Every witness in any criminal cause or matter shall be examined upon oath and 
the court before which any witness shall appear shall have full power and authority to 
admi nister the appropriate oath.  
(2)  Notwithstanding anything in subsection (1), the court may at any time, if it thinks 
it just and expedient (for reason s to be recorded in the pr oceedings), take without oath the 
evidence of any person declaring that the taking of any oath whatever is, according to his 
religious belief, unlawful, or who by reason of tender years or want of religious belief ought not, in th e opinion of the court, to be admitted to give evidence on oath; the fact of 
the evidence having been so taken shall be recorded in the proceedings.  
(3)  Notwithstanding anything contained in subsection (2), the court shall not receive 
the evidence of a ch ild of tender years unless the court is satisfied that the child is 
possessed of sufficient intelligence to justify the reception of the evidence and 
understands the duty of speaking the truth.  
(4)  An accused shall not be liable to be convicted on the evi dence of an unsworn child 
unless that evidence is corroborated by some other material evidence implicating the 
accused.  
101.   Refractory witness  
(1)  When any person, appearing either in obedience to a summons or by virtue of a 
warrant, or being present i n court and being orally required by the court to give ev idence — 
 (a) refuses to be sworn;  
 (b) having been sworn refuses to answer any question put to him;  
 (c) refuses or neglects to produce any document or thing which he is required to 
produce and which  is in his possession or under his control; or  
 (d) refuses to sign his deposition,  
without in any such case offering any sufficient excuse for such refusal or neglect, the 
court may adjourn the case for any period not exceeding ten days, and may in the 
meantime commit such person to prison unless he sooner consents to do what is required 
of him.  
(2)  If such person, upon being brought before the court at or before such adjourned 
hearing, again refuses to do what is required of him, the court may, if it see s fit, again 
adjourn the case and commit him for the like period, and so on again from time to time 
until such person consents to do what is required of him.  
(3)  Nothing in subsection (1) or (2) shall affect the liability of any such person to any 
other p unishment or proceeding for neglecting to do what is required of him nor shall 
prevent the court from disposing of the case in the meantime according to any other 
sufficient evidence taken before it.  
(4)  This section applies to a person who is neither swo rn nor affirmed for the reasons 
specified in section 100(2) but whose evidence is received by the court as if such person 
had been sworn.  
102.   Proof by formal admission  
(1)  Subject to the provisions of this section, any fact of which oral evidence may b e 
given in any criminal proceedings may be admitted for the purpose of those proceedings 
by or on behalf of the prosecutor or accused, and the admission by any party of any such 
fact under this section shall as against that party be conclusive evidence in those 
procee dings of the fact admitted.  
(2)  An admission under this section — 
 (a) may be made before or at the proceedings;  
 (b) if made otherwise than in court, shall be in writing;  
 (c) if made in writing by an individual, shall purport to be signed by the person 
making it and, if so made by a body corporate, shall purport to be signed by 
a dire ctor, or manager, or the secretary or some other similar officer of the 
body corporate;   (d) if made on behalf of an accused who is an individual, shall be made b y his 
counsel.  
(3)  An admission under this section for the purpose relating to any matter shall be 
treated as an admission for the purpose of any subsequent criminal proceedings relating to 
that matter (including any appeal or retrial).  
(4)  An admission under this section may, with the leave of the court, be withdrawn in 
the proceedings for the purpose of which it is made or any subsequent criminal 
procee dings relating to the same matter.  
103.   Taking of evidence  
(1)  Except when the accused has by his c onduct rendered it impracticable, or he is 
deemed to have consented to the conduct of his trial in his absence as provided in 
section  114(2), all evidence in any inquiry or trial shall be taken in the presence of the 
accused.  
(2)  All evidence shall be rec orded in English, and if evidence is given in any other 
language it shall be interpreted. In the case of any documents tendered in evidence which 
are written in a foreign language, a translation shall be provided. Any interpretation or 
translation shall be  made by a person appointed or approved for that purpose by the court.  
(3)  If the accused does not understand English, any evidence shall be interpreted to 
him in a language which he understands.  
104.   Recording of evidence  
(1)  The Chief Justice may giv e directions as to the manner in which evidence, or the 
substance of evidence, shall be taken down in any proceedings before any criminal court.  
(2)  Subject to the provisions of section 138 and to any directions given under 
subse ction (1), in inquiries an d trials before a magistrate’s court the evidence of the 
witness shall be recorded in the following manner — 
 (a) the evidence of each witness, or so much thereof as the magistrate deems 
material, shall be taken down by the magistrate or in his presence and  under 
his superintendence, and shall be signed by the magistrate and shall form 
part of the record;  
 (b) such evidence shall not ordinarily be taken down in the form of question and 
answer but in the form of narrative:  
Provided that the magistrate may, in  his discretion, take down or cause to be taken 
down any particular question and answer, or the evidence or any part thereof in any 
particular case in the form of question and answer.  
(3)  At the request of a witness his evidence shall be read over to him.  
(4)  Without prejudice to the provisions of subsection (1), shorthand notes or a tape 
recording may be taken of the proceedings at the trial of any person before the High 
Court, and a transcript of such notes or recording shall be made if the court so dir ects and 
such transcript shall for all purposes be deemed to be the official record of the procee dings 
at such trial.  
105.   Procedure where person charged is the only witness called  
(1)  Where the only witness to the facts of the case called by the defenc e is the person 
charged, he shall be called as a witness immediately after the close of the evidence for the 
prosecution.  (2)  Where any witness other than the person charged is called on behalf of the 
defence, the person charged shall not be allowed to gi ve evidence after such witness 
without the permission of the court.  
106.   Procedure where there are two or more accused  
(1)  Where two or more accused are tried jointly, the one first charged shall make his 
election first and after he has given his eviden ce (if he so elects) the others shall do so 
succe ssively in the order in which they were charged.  
(2)  Where two or more accused are tried jointly, the witnesses called on behalf of the 
accused first charged shall, so far as is practicable, be examined fir st and witnesses called 
on behalf of the other accused shall be examined successively in the order in which the 
accused were charged.  
(3)  A witness called on behalf of an accused may be cross -examined on behalf of any 
other accused and may then be cross -examined by the prosecution.  
107.   Addressing the court  
(1)  The prosecutor may address the court at the commencement of the prosecution 
case.  
(2)  The accused or his counsel may address the court at the commencement of the 
defence’s case, if, and only if,  witnesses to the facts other than the accused himself are to 
be called for the defence.  
(3)  After the close of the evidence, if any, for the defence and in rebuttal, if any, the 
addresses to the court shall be in the following order — 
 (a) the prosecutor may address the court except in a case where the accused is 
not represented by counsel and has not called witnesses to the facts other 
than himself;  
 (b) the accused or his counsel may address the court whether or not the 
prosecutor has addressed the court . 
(4)  Where there are more than one accused, the order of addresses to the court by or 
on behalf of the accused shall be in the order in which they were charged.  
108.   Mode of delivering judgement  
(1)  Except where the presence of the accused has been di spensed with by leave of the 
court, or where he has by his conduct rendered it impracticable or where he is deemed to 
have consented to the conduct of the trial in his absence in accordance with the prov isions 
of section 114, the judgement or verdict of th e court in the exercise of its original 
jurisdiction in any criminal trial shall be pronounced or delivered, or the su bstance of the 
judgement explained, in open court either immediately after the termination of the trial or 
at some subsequent time of whic h notice has been given to the parties and their counsel 
(if any):  
Provided that the whole of the judgement shall be read out if it is requested by the 
prosecution or the defence.  
(2)  No judgement delivered by any court shall be deemed to be invalid by re ason only 
of the absence of any party or his counsel on the day or from the place notified for the 
delivery thereof, or for any omission to serve or defect in serving, on the parties or their 
counsel or any of them, the notice of such day or place.  
109.   Contents of judgement  (1)  In the case of a conviction, the judgement shall specify the offence of which, and 
the section of the law under which the accused person is convicted and the punishment to 
which he is sentenced or other lawful order of the court upon such conviction.  
(2)  In the case of an acquittal, the judgement shall state the offence of which the 
accused is acqui tted, and the section of the law under which the charge was preferred, and 
shall d irect that he be set at liberty in respect of that offence.  
(3)  Every judgement in a summary trial, except as otherwise expressly provided by 
this Code or any other law, shall be written by the magistrate and shall contain the point 
or points for determination, the decision thereon and the reasons for the  decision and shall 
be dated and signed by such magistrate in open court at the time of pronouncing it:  
Provided that in a case in which the accused has admitted the truth of the charge and 
has been convicted, it shall be sufficient compliance with the pro visions of this su bsection 
if the judgement contains only the finding and sentence or other final order and is signed 
and dated by the magistrate at the time of pronouncing it.  
110.   Accused entitled to copy of judgement on application  
On the application of the accused person, a copy of the judgement in any criminal 
trial, and if practicable and he so desires a translation in his own language if that la nguage 
is not English, shall be given to him without delay and free of any charge.  
111.   Property found on accused  
Without prejudice to the provisions of the Criminal Code relating to forfeiture, where 
upon the apprehension of a person charged with an offence, any property is taken from 
him, the court before which he is charged may order — 
 (a) that the prope rty or any part thereof be restored to the person who appears to 
the court to be entitled thereto, and if he be the person charged that it be 
restored either to him or to such other person as he may direct; or  
 (b) that the property or a part thereof be ap plied to the payment of any fine or 
any costs or compensation directed to be paid by the person charged.  
[Chapter 171.]  
112.   Alternative convictions  
(1)  Where on a person’s trial for any offence, the court finds him not guilty of the 
offence specificall y charged but the allegations in the charge amount to or include 
(expressly or by implication) an allegation of another offence falling within the 
jurisdi ction of the court, the court may find him guilty of that other offence or of an 
offence of which he c ould be found guilty, on the facts found to be proved, on a charge 
specifically prefe rring that other offence.  
(2)  For the purposes of subsection (1), any allegation of an offence shall be taken as 
including an allegation of attempting to commit that offe nce; and where a person is 
charged with attempting to commit an offence or with any assault or other act preliminary 
to an offence, but not with the complete offence, then he may be convicted of the offence 
charged notwithstanding that he is shown to be gu ilty of the completed o ffence.  
113.   Committal to prison  
Where the court convicts a person and orders him to be imprisoned without the o ption 
of a fine, the court shall, by warrant, commit him to prison, there to be imprisoned for the 
period mentioned in the warrant.  
114.   Accused entitled to be present at trial and may be represented by counsel  (1)  Every person accused of any criminal offence shall be entitled to be present in 
court during the whole of his trial (including any preliminary inquiry) unles s he so 
conducts himself in court so as to render the continuance of proceedings in his presence 
impracticable or where he is deemed to have consented to the conduct of the trial in his 
absence. A court may, in its discretion, allow the whole or any part o f a trial to take place 
in the absence of the accused with his consent.  
(2)  For the purpose of this Code, the consent of an accused to the conduct of his trial 
or any part thereof in his absence shall be deemed to have been given — 
 (a) where he enters a w ritten plea of guilty under the provisions of this Code;  
 (b) where the court is satisfied that, having been duly summoned to appear 
before the court a reasonable time before the date appointed, he wilfully fails 
to appear; or  
 (c) where during the course of his trial he wilfully absents himself either by not 
appearing after any adjournment at a time of which notice has been given or 
otherwise.  
(3)  Every person accused of any criminal offence, whether present in court or absent, 
may be represented by couns el. 
CHAPTER VI  
Incapacity to Plead and Insanity  
115.   Court to inquire into suspected incapacity of accused  
(1)  Where, in the course of a trial or preliminary inquiry, the court has reason to 
believe that the accused may be of unsound mind and consequent ly incapable of making 
his defence, it shall inquire into the fact of such unsoundness and may, for that purpose, 
order him to be detained in such place as the court may direct or in such other place as 
may be provided by any law, for medical observation a nd report for any period not 
exceeding one month.  
(2)  If the court finds that the accused is of unsound mind and incapable of making his 
defence it shall postpone further proceedings in the case.  
(3)  Where the trial is before the High Court, a jury shall  be empanelled and the 
question whether the accused is of u nsound mind and incapable of making his defence 
shall be for the jury.  
(4)  Where it is found that the accused is incapable of making his d efence — 
 (a) if the case is one in which bail may be taken , the court may release the 
accused on sufficient security being given that he will be properly taken care 
of and prevented from doing injury to himself or to any other person and for 
his appearance, if required before the court or such officer as the cour t may 
appoint in that behalf;  
 (b) if the case is one in which bail may not be taken, or if sufficient security be 
not given, the court shall order the accused to be detained in a mental 
hospital and shall report the case for the order of the Governor -Gene ral. 
(5)  Where an accused has been released under subsection (4)( a), nothing in this 
section shall prevent the accused from being admitted to a mental hospital under the 
provisions of any law relating to the detention of person suffering from mental disor der. 
(6)  In this Chapter, “mental hospital”  means any place, by whatever name called, 
appointed u nder the provisions of any law for the reception, treatment and care of persons 
suffering from mental disorder.  116.   Trial, etc., may be resumed  
When any tr ial or preliminary inquiry is postponed, the court may at any time r esume 
the trial or preliminary inquiry and require the accused to be brought before it when, if the 
court finds that the accused is capable of making his defence, the trial or preliminary 
inquiry shall proceed. If however, the court finds that the accused is still incapable of 
making his defence, it shall act as if the accused had been brought before it for the first 
time.  
117.   Certificate of medical practitioner  
When an accused is detain ed in a mental hospital and a medical practitioner e mployed 
in such hospital certifies that the accused is capable of making his defence, such accused 
shall be taken before the court at such time as the court appoints to be dealt with 
accor ding to law and the certificate of such medical practitioner shall be receivable as 
prima facie  evidence of the capacity of the accused.  
118.   Defence of insanity at preliminary inquiry  
When the accused appears to be of sound mind at the time of the preliminary i nquiry, 
notwithstanding that it is alleged that at the time when the act was committed or the 
omission made in respect of which the accused is charged he was insane so as not to be 
responsible according to law, the court shall proceed with the inquiry and, if the accused 
ought in the opinion of the court to be committed for trial, the court shall so co mmit him.  
119.   Inability to understand proceedings  
If the accused, though not of unsound mind, cannot be made to understand the 
proceedings, the court may proceed w ith the trial or inquiry. In the case of a magistrate’s 
court, if the trial results in a conviction, the proceedings shall be forwarded to the High 
Court with a report of the circumstances and the High Court shall pass thereon such order 
as it thinks fit.  
120.   Defence of insanity at trial  
(1)  When any act or omission is charged against any person as an offence and it is 
given in evidence at the trial of such person for that offence that he was insane so as not 
to be responsible according to law for his a ct or omission at the time when such act was 
committed or such omission made, then, if it appears to the court before which such 
person is tried that he did the act or made the omission charged but was insane at the 
time, the court shall make a special fin ding that the accused committed the act or made 
the omi ssion but was not guilty by reason of insanity.  
(2)  When the trial is before the High Court, the question of whether the accused did 
the act or made the omission but was i nsane at the time shall be on e for the jury.  
(3)  When a special finding is made under this section, the court shall order the 
accused to be d etained in a mental hospital as a criminal person of unsound mind until the 
Governor -General’s pleasure be known.  
CHAPTER VII  
Procedure in Tria ls, etc., before a Magistrate’s Court  
121.   Non-appearance of complainant at trial  
If, in any case which a magistrate’s court has jurisdiction to hear and determine, the 
accused appears at the time and place appointed in the summons for the hearing of the  case, or is brought before the court under arrest, then, if the complainant, having had 
notice of the time and place appointed for the hearing of the charge, does not appear 
either in person or by counsel or other person authorised to represent him, the c ourt shall 
dismiss the charge, unless for some reason the court shall think proper to adjourn the 
hearing of the case to some other date, upon such terms as it shall think fit, in which event 
it may, pending such adjourned hearing, either admit the accused  to bail or remand him in 
custody.  
122.   Non-appearance of defendant at trial  
If at the time and place of hearing appointed in a summons the defendant does not 
appear, and it be proved that the summons was duly served within a reasonable time 
before the t ime appointed for his appearance, and if the court is satisfied on any sufficient 
evidence that the accused has wilfully refused to attend or otherwise may be deemed to 
have consented to the trial taking place in his absence, the court may either proceed t o 
adjud icate on the case as if the defendant had appeared or, if the court is not satisfied that 
the d efendant has so consented or considers that it is inexpedient for any other reason that 
the trial should proceed in the absence of the accused, the court may issue a warrant for 
the arrest of the defendant or may issue a new summons.  
123.   When neither party appears  
If at the time and place appointed neither party appears, the court may dismiss or 
adjourn the case as shall seem fit.  
124.   Appearance of bo th parties  
(1)  Subject to the provisions of sections 9 to 15, if both parties appear, the court shall 
proceed to hear the case and the substance of the charge shall be read to the accused by 
the court and he shall be asked whether he admits or denies it.  
(2)  In a case in which the defendant is a corporation, it shall be sufficient if the 
corporation appears by a representative appointed in writing purporting to be signed by a 
person (by whatever name called) having, or being one of the persons having, the  
management of the affairs of the corpor ation. 
(3)  At the time and place appointed under this section or section 121, 122 or 123 for 
any adjourned hearing, the court shall have the same powers to proceed with, dismiss or 
adjourn the case as if the complai nt was before the court for the first time.  
125.   Where cause of complaint has arisen out of jurisdiction of the court * 
(1)  If, on the hearing of any charge but before commencing to take evidence it 
appears that the case of complaint arose wholly out of the limits of the jurisdiction of the 
court before which such complaint has been made, the court may on being satisfied that it 
has no jurisdiction, direct the case to be transferred to the court having jurisdiction where 
the cause of complaint arose. On s o doing the court shall forward to the magistrate of 
such court the complaint, recognisances, if any, which shall thereupon be treated to all 
intents and purposes as if they had been taken by such magistrate and the court may if it 
thinks expedient, remand  the defendant in custody to be taken before such magistrate.  
(2)  Notwithstanding anything contained in subsection (1) or in the Magistrate’s Act, 
where after a court has commenced to hear the evidence in any case it appears that the 
offence was committed  wholly outside its jurisdiction, it shall continue to hear the case 
and shall be deemed for all purposes to have jurisdiction so to do.  
                                                      
* Note .—Section 125 would now appear to be superfluous in view of the provisions of section 2 of the 
Magistrate’s (Juri sdiction) Act, 1989, now section 6 of the Magistrate’s Act.  126.   Accused pleading guilty  
If the accused admits the truth of the charge, his admission shall be recorded as nearly  
as possible in the words used by him, and the court shall convict him and pass se ntence 
upon or make an order against him unless, after hearing anything which may be said by or 
on behalf of the accused, whether in mitigation or otherwise, there shall appe ar to the 
court to be sufficient cause to the contrary.  
127.   Pleas in other cases  
If the accused pleads not guilty, the court shall proceed to try the case as hereinafter 
provided. If the accused refuses to plead the court shall direct that a plea of not  guilty be 
entered for him, or in any appropriate case may act in accordance with the provisions of 
sections 115 and 116.  
128.   Procedure after plea of not guilty  
(1)  If the accused does not admit the truth of the charge, the court shall proceed to 
hear the witnesses for the prosecution. The accused or his counsel may cross -examine 
each witness called by the prosecution and if the accused is not represented by counsel 
the court shall, at the close of the examination of each witness for the pros ecution, as k the 
accused whether he wishes to put any question to that witness and shall record his 
answer. If the accused desires to question a witness, the court shall record the questions 
put by the accused and the answers given by the witness.  
(2)  A witness who has been cross -examined may be re -examined by the prosecutor.  
129.   Acquittal of accused if no case to answer  
At the close of the evidence in support of the charge, the court shall consider whether 
or not a sufficient case is made out against the accused to require him to make a defence, 
and if the court considers that such a case is not made out, the charge shall be dismissed 
and the accused forthwith acquitted and discharged.  
130.   The defence  
(1)  At the close of the evidence in support of the charge, if it appears to the court that 
a case has been made out against the accused sufficiently to require him to make a 
defence, the court shall again explain to the accused the substance of the charge and shall 
inform him that he need not say anything but that  he has the right to give evidence on 
oath from the witness box and that if he does so he will be liable to cross -examination. 
The court shall ask him whether he has any witnesses to call and examine or has any 
other evidence to adduce in his defence. The court shall hear the accused and his 
witnesses, if any, and shall permit the accused to examine any witnesses whom he calls.  
(2)  If the accused states that he has witnesses to call but that they are not present in 
court, and the court is satisfied that th e absence of such witnesses is not due to any fault 
or neglect of the accused and that there is likelihood that they could, if present, give 
material ev idence on behalf of the accused, the court may adjourn the trial and issue 
process or take other steps a s necessary, to compel the attendance of such witnesses.  
131.   Evidence in rebuttal  
If the accused adduces evidence in his defence introducing new matter which the 
prosecutor could not reasonably have foreseen, the court may allow the prosecutor to 
adduce  evidence in reply to rebut the said new matter. A witness called in rebuttal may be 
a previous witness recalled or a new witness.  
132.   Amendment, etc., of charge and variance between charge and evidence  (1)  Where, at any stage of a trial before the clo se of the case for the prosecution, it 
appears to the court that the charge is defective either in substance or in form, the court 
may make such order for the alteration, substitution or addition of a charge, as the court 
thinks necessary to meet the circu mstances of the case.  
(2)  Where a charge is altered, added or substituted, the court shall thereupon call upon 
the accused to plead to the altered or new charge.  
(3)  In such case as is mentioned in subsection (2), the accused shall be entitled, if he 
so wishes, to have the witnesses (or any of them) recalled to give evidence afresh or to be 
further cross -examined by the defence and, in such last mentioned event, the prosecution 
shall have the right to re -examine any such witness on matters arising out of such further 
cross -examination.  
(4)  Variance between a charge and the evidence adduced in support of it with respect 
to the day upon which the alleged offence was committed is not ordinarily material, and 
the charge need not be amended for such variance i f it is proved that the proceedings 
were instituted within the time (if any) limited by law for the institution thereof and the 
actual date is not material on any other grounds.  
(5)  When an alteration, addition or substitution is made under subsection (1) , or there 
is a variance between the evidence and the charge as described in subsection (4), the court 
shall, if it is of the opinion that the a ccused has been thereby misled or deceived, adjourn 
the trial for such period as may be reasonably necessary in the interest of justice.  
133.   Decision of the court  
The court having heard both the prosecutor and the accused and their witnesses shall 
either convict the accused and pass sentence upon or make an order against him 
accor ding to law or shall acquit him, or may without proceeding to conviction deal with 
the a ccused under the provisions of the Probation of Offenders Act.  
[Chapter 179.]  
134.   Drawing up conviction  
If the court convicts the accused, a minute or memorandum thereof shall then be 
made. If the a ccused then gives notice of appeal, or if the magistrate is then informed by 
the Re gistrar that an appeal has been lodged, the magistrate shall draw up a conviction in 
proper form under his hand and shall transmit it to the Registrar within fourteen days.  
135.   Certificate of acquittal  
If the court acquits the accused, the magistrate shall, if requested so to do, make an 
order for the dismissal of the charge and give the accused a certificate thereof.  
136.   Costs to defendant in private prosecutions  
(1)  In any private prosecution where the magistrate dismisses the charge, he may, in 
his discretion, order that the prosecutor shall pay to the defendant such costs as he may 
deem reasonable. Any such costs may be recovered in the same way as a fine may be 
recovered.  
(2)  Nothing in subsection (1) shall affect the power of a court to award the payment 
of costs on conviction under section 27 of the Criminal Code.  
137.   Limitation of time for proceedings for summary offence  
Except where a longer time is specific ally allowed by law, no offence which is 
punis hable only by a fine or by imprisonment for six months or less shall be triable by a 
magi strate’s court unless the charge relating to it is laid within twelve months from the time when the matter of such charge  arose or the date upon which evidence sufficient to justify 
proceedings first came to the actual or constructive knowledge of a competent complai nant. 
138.   Special procedure in minor cases where the charge is admitted  
(1)  Notwithstanding anything conta ined in this Code, but subject to the provisions of 
any directions given by the Chief Justice under the provisions of section 104, a magistrate 
may in any case in which the accused person admits the offence, record the proceedings 
in accordance with the pr ovisions of subsection (2).  
(2)  In a case to which this section applies, it shall be sufficient compliance with the 
requirement of this Code relating to the manner of recording of evidence if the magi strate, 
when the accused makes a statement admitting th e truth of the charge, instead of 
recording the accused’s statement in full, enters in the record a plea of guilty, and it shall 
be sufficient compliance with the prov isions of section 104, relating to the contents of the 
judgement, if the judgement of the  court consists only of the finding, the specific offence 
to which it relates and the sentence or other order:  
Provided that a magistrate may be required by the Court of Appeal to state in wri ting 
the reasons for his decisions in any particular case.  
CHAPT ER VIII  
Procedure for Committal for Trial before the High Court  
139.   Power to commit for trial  
Subject to the provisions of this Code, a magistrate’s court may commit any person for 
trial before the High Court.  
140.   Court to hold preliminary inquiry  
When any charge has been brought against any person in respect of an offence not 
triable summarily, or which may be triable summarily or on indictment and as to which — 
 (a) the Director of Public Prosecutions has requested that it be tried on 
indic tment; or  
 (b) the court is of the opinion that it ought to be tried on indic tment; or  
 (c) the accused, having a right to elect, has elected to be tried on indictment,  
a preliminary inquiry shall be held in accordance with the provisions hereinafter co ntained.  
141.   Magistrate to read charge to accused and explain purpose of the proceedings  
A magistrate conducting a preliminary inquiry shall, at the commencement of such 
inquiry, read over and explain to the accused the charge in respect of which the inquiry is 
being held and shall explain to him that he will have an opportunity later on in the 
inquiry, if he so desires, of making a statement, of giving evidence and of calling 
witnesses. The magistrate shall further explain to the accused the purpose of the 
procee dings, namely to determine whether there is sufficient evidence to put him on trial 
before the High Court.  
142.   Taking of depositions  
(1)  Subject to the provisions of section 143, when an accused is brought before a 
magistrate’s court charged with an offen ce in respect of which a preliminary inquiry is to 
be held the magistrate shall, in the presence of the accused, take down in writing or cause 
to be taken down in writing, the statements of witnesses called in support of the charge by the prosecution. Such  statements shall be deemed to be and are hereafter in this Code 
referred to as, depositions, and shall ordinarily be taken down in narrative form, unless 
the magistrate deems it expedient in any particular case to record the evidence or any part 
of the ev idence in the form of question and answer.  
(2)  The accused, or any counsel a ppearing on his behalf, shall be entitled to cross -
examine any such witness and the answers of a witness thereto shall form part of the 
deposition of such witness.  
(3)  If the acc used is not represented by counsel, the magistrate shall, at the close of 
the examination of each witness for the prosecution, ask the accused whether he wishes to 
put any questions to that witness.  
(4)  If a witness has been cross -examined, he may be re -examined by the prosecutor 
and his answers in re -examination shall also form part of his deposition.  
(5)  As soon as the deposition of a witness taken down under this section is co mpleted, 
it shall be read over to him in the presence of the accused and, sub ject to the pr ovisions of 
subsection (6) shall, if necessary, be corrected.  
(6)  If any witness denies the correctness of any part of the deposition when the same 
is read over to him, the magi strate may, instead of altering the deposition as written 
down, make a memorandum thereon of the objection made to it by the witness and shall 
add any remarks about the matter as he thinks necessary.  
(7)  If a statement is made by a witness in a language other than that in which it is 
taken down and the witness does no t understand the language in which it is taken down, it 
shall be interpreted to him in a language which he understands and the identity of the 
interpreter shall be recorded thereon by the magistrate.  
(8)  The deposition of each witness shall, upon completi on, be signed by the witness, 
or attested by his mark, and by the ma gistrate before whom it was taken.  
143.   Written statements in lieu of depositions  
(1)  Notwithstanding anything contained in section 142, in committal proceedings a 
written statement by any person shall, if the conditions mentioned in subsection (2) are 
satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by 
that person.  
(2)  The conditions referred to in subsection (1) are — 
 (a) the statement purpor ts to be signed by the person who made it;  
 (b) the statement contains a declaration by that person to the effect that it is true 
to the best of his knowledge and belief and that he made the statement 
knowing that if it were tendered in evidence he would b e liable to 
prosec ution if he wilfully stated in it anything which he knew to be false or 
did not b elieve to be true;  
 (c) before the statement is tendered in evidence a copy of the statement is given 
by the party proposing to tender it, to each of the oth er parties to the 
proceedings; and  
 (d) none of the parties before the statement is tendered in evidence at the 
commi ttal proceedings, objects to the statement being so tendered under this 
section. 
(3)  The following provisions also have effect in relation  to any written statement 
tendered in evidence under this section — 
 (a) if the statement is made by a person under twenty -one it shall give his age;   (b) if it is made by a person who cannot read, it shall be read to him b efore he 
signs it and be accompani ed by a declaration by the person who so read the 
statement to the effect that it was so read; and  
 (c) if it refers to any other document as an exhibit, the copy given to any other 
party to the procee dings under subsection (2)( c) shall be accompanied by a  
copy of that document or by such information as may be necessary in order 
to enable the party to whom it is given to inspect that document or a copy 
thereof.  
(4)  Notwithstanding that a written statement made by any person may be admissible 
in committal p roceedings by virtue of this section, the court before which the proceedings 
are held may, of its own motion, or on the application of any party to the proceedings, 
require that person to attend before the court and give evidence.  
(5)  So much of any state ment as is admitted in evidence by virtue of this section shall, 
unless the court otherwise directs, be read aloud at the hearing, and where the court so 
directs an account shall be given orally of so much of the statement as is not read aloud.  
(6)  Any do cument or object referred to as an exhibit and identified in a written 
statement tendered in evidence under this section shall be treated as if it had been 
produced as an exhibit and identified in court by the maker of the statement.  
(7)  A statement admit ted under the provisions of this section shall be a deposition for 
the purposes of this Code:  
Provided that a person whose statement has been read shall not be required to be 
bound over to give evidence in the High Court.  
144.   Variance between evidence a nd charge  
No objection to a charge, summons or warrant for defect in substance or in form, or 
for variance between it and the evidence for the prosecution, shall be allowed at a 
preliminary inquiry; but if any variance appears to the court to be such that the accused 
has been thereby deceived or misled, the court may, on the application of the accused, 
adjourn the inquiry or may allow any witness to be recalled, and such questions to be put 
to him as by reason of such variance seem reasonable.  
145.   Remand  
(1)  If, from the absence of witnesses or any other sufficient cause to be recorded in 
the proceedings, the court considers it necessary or advisable to adjourn the inquiry, the 
court may from time to time, by warrant, remand the accused for a reasonable time, not 
excee ding eight clear days at any one time, to some prison or other place of security. If 
the r emand is not for more than three days, the court may by word of mouth order the 
officer or person in whose custody the accused is, or any other fit off icer or person, to 
continue to keep the accused in his custody, and to bring him up at the time appointed for 
the co mmencement or continuance of the inquiry.  
(2)  During a remand, the court may at any time order the accused to be brought efore 
it and, subj ect to the provisions of section 43, may on remand at any time admit the 
accused to bail.  
146.   Statement of accused  
(1)  If, after the examination of the witnesses called for the prosecution, the court 
considers that, on the evidence as it stands, there are sufficient grounds for committing 
the accused for trial, the magistrate shall frame a charge under his hand declaring with 
what offence or offences the accused is charged and shall read the charge to the accused 
and e xplain the nature thereof to him in  simple language and address him in the following 
words or words to the like effect —   “You will have an opportunity to give evidence on oath before me and to 
call witnesses. But first I am going to ask you whether you wish to say 
anything in answer to the  charge. You need not say anything unless you wish 
to do so. Anything you do say will be taken down and may be given in 
evidence at your trial”.  
(2)  Before the accused makes any statement in answer to the charge, the magistrate 
shall state to him and give  him understand that he has nothing to hope from any pro mise 
of favour and nothing to fear from any threat which may have been held out to him to 
make any admission or confession of his guilt, but that whatever he says then may be 
given in evidence at his trial notwithstanding any such promise or threat.  
(3)  Everything which the accused says shall be recorded in full and shall be shown or 
read over to him, and he shall be at liberty to explain or add to anything contained in the 
record thereof.  
(4)  When t he whole statement is made conformable to what the accused declares is 
the truth, the record thereof shall be attested by the magistrate who shall certify that the 
statement was taken in his presence and contains accurately the whole statement made by 
the accused. The accused may sign such record, but if he refuses to do so the court shall 
add a note of his refusal and the record may be used as if he signed it.  
(5)  Nothing in this section shall prevent the prosecution from giving in evidence any 
admission or confession made at any other time by the accused which would be 
admiss ible in evidence at his trial.  
147.   Procedure if offence is admitted by accused  
If, in any statement made to the court under the provisions of section 146, the a ccused 
admits that h e is guilty of the offence charged, then, if the offence is not one of high 
treason, treason, murder or genocide, the court shall proceed in accordance with the 
provisions of Chapter IX.  
148.   Evidence and address in defence  
(1)  Subject to the provisions  of section 147, immediately after complying with the 
requirement of section 146 and whether or not the accused has made a statement, the 
magistrate shall ask him whether he wishes to give evidence on oath and whether he 
wishes to call witnesses on his own  behalf.  
(2)  The magistrate shall take the evidence of the accused and of any witnesses in the 
like manner as in the case of witnesses for the prosecution. Every such witness, not 
merely being a witness as to the character of the accused, shall be bound b y recognisance 
to appear and give evidence at the trial of the accused.  
(3)  If the accused states that he has witnesses to call but that they are not present in 
court, and the magistrate is satisfied that the absence of such witnesses is not due to any 
fault or neglect of the accused and that there is a likelihood that they could give material 
evidence on behalf of the accused, the magistrate may adjourn the inquiry and issue 
process or take other steps to compel the attendance of such witnesses and, on th eir 
attendance, shall take their depositions and bind them by recognisance in the same 
manner as witnesses under subsection (2).  
(4)  The accused or his counsel shall be heard either before or after the evidence for 
the defence is taken at his discretion, and may, if the accused gives evidence himself and 
calls witnesses, be heard, with the leave of the court, both before and after the evidence is 
taken:  
Provided that where the court gives leave to the accused or his counsel to be heard 
before as well as af ter the evidence is taken, the prosecutor shall be entitled to be heard 
immed iately before the accused or his counsel is heard for the second time.  (5)  When the accused reserves his defence, or at the conclusion of any statement in 
answer to the charge or  evidence in defence, as the case may be, the magistrate shall ask 
the accused whether he intends to call witnesses at the trial other than those whose 
evidence has been taken under this section and, if so, whether he desires to give their 
names and addres ses so that they may be summoned. The magistrate shall record the 
names and a ddresses of any such witnesses so given.  
149.   Discharge of accused  
(1)  If, at the close of the case for the prosecution or after hearing any evidence in 
defence, the magistrate  considers that the evidence against the accused is not sufficient to 
put him on his trial, the court shall order him to be discharged forthwith as to the partic ular 
charge under inquiry. Such discharge shall not be a bar to any subsequent charge in 
respect of the same facts.  
(2)  Nothing in subsection (1) shall prevent the court from proceeding, either forthwith 
or after such adjournment of the inquiry as seems expedient in the interests of ju stice, to 
investigate any other charge upon which the accused ma y have been summoned or 
otherwise brought before it, or which from the evidence given in the course of the hearing 
before it of the charge so dismissed it may appear that the accused has commi tted. 
150.   Committal for trial  
(1)  If the court considers the  evidence sufficient to put the accused on his trial, the 
court shall commit him for trial at the next sessions of the High Court and shall, until the 
trial, either admit him to bail or commit him to prison. The warrant of the court shall be 
sufficient aut hority for the detention of the person named therein.  
(2)  The magistrate shall then say to the accused — 
  “I must warn you that you may not be permitted to give evidence of an alibi 
or to call witnesses in support of an alibi unless you have either given 
particulars to me now of the alibi and of the witnesses, or have given such 
particulars and names to this court within seven days from today”,  
or words to the like effect. If it shall appear to the court that the accused may not 
unde rstand the meaning of t he word “alibi” the court shall explain it to him.  
(3)  In the case of a corporation, the court may, if it considers that the evidence is 
sufficient to put the accused corporation on trial, make an order authorising the preferring 
of an indictment against such corporation, and for the purposes of this Code any such 
order shall be deemed to be a committal for trial.  
151.   Complainant and witnesses to be bound over  
(1)  When an accused is committed for trial before the High Court, subject to the 
provisions o f this Code relating to witnesses who are about to leave Saint Vincent and the 
Grenadines or who are ill or hurt and not likely to recover, the court committing him shall 
bind by recognisance, with or without sureties as the court may deem appropriate, the  
complainant and every witness to appear at the trial to prosecute, or to prosecute and to 
give evidence, or to give evidence, as the case may be, and also to appear and give 
evidence, if required, at any further examination concerning the charge which may  be 
held by the direction given by the Director of Public Prosecutions under section 160.  
(2)  Notwit hstanding subsection (1), if the complainant is acting on behalf of the 
Crown, the Director of Public Prosecutions, the Commissioner of Police, any departm ent 
of Government or is a public officer acting in his official capacity, he shall not be 
required to be bound by any recognisance or to give any security.  
152.   Refusal to be bound over  If a person refuses to enter into such recognisance, the court may c ommit him to prison 
there to remain until after the trial unless in the meantime he enters into a recogn isance.  
153.   Accused entitled to copy of depositions  
An accused committed for trial before the High Court shall be entitled, at any time 
before the tr ial, to a copy of the depositions without payment.  
154.   Binding over witnesses conditionally  
(1)  When any person charged before a magistrate’s court is committed for trial and it 
appears to the court, after taking into account anything which may be said  by the 
prosec utor or the accused, that the attendance at the trial of any witness who has been 
examined before it is unnecessary by reason of anything contained in the statement or 
evidence of the accused, or the evidence of the witness being merely of a formal nature, 
the court shall, if the witness has not already been bound over, bind him over to attend the 
trial conditionally upon notice being given to him and not otherwise. If the witness has 
already been bound over it may direct that he shall be trea ted as having been bound over 
to attend conditionally as aforesaid. In either case the court shall transmit to the High 
Court in writing the names, addresses and occupations of the witnesses who are, or who 
are to be treated as having been, bound over to a ttend the trial conditionally.  
(2)  When a witness has been, or is to be treated as having been, bound over to attend 
the trial conditionally, the Director of Public Prosecutions or other person preferring the 
indictment or the person committed for trial m ay give notice, at any time before the 
opening of the sessions of the High Court to the magistrate’s court and thereafter to the 
Registrar of the High Court, that he desires the witness to attend at the trial, and the 
magi strate’s court or the Registrar, a s the case may be, shall forthwith notify the witness 
that he is required to attend in pursuance of his recognisance.  
(3)  A magistrate’s court, on committing an accused for trial, shall inform him of his 
right to require the attendance at the trial of any  such witness and of the steps which he 
must take for the purpose of enforcing such attendance.  
(4)  Any document or articles pr oduced in evidence before a magistrate’s court by any 
witness whose attendance at the trial is stated to be unnecessary in accor dance with the 
provisions of this section, and marked as an exhibit shall, unless in any particular case the 
court orders otherwise, be retained by the court and forwarded with the depositions to the 
Registrar.  
155.   Depositions of person dangerously ill,  etc., or about to depart from Saint 
Vincent and the Grenadines  
Whenever it appears to a magistrate that any person who is dangerously ill or hurt and 
not likely to recover, or who is about to leave Saint Vincent and the Grenadines, is able 
and willing to give material evidence relating to any offence triable by the High Court on 
indictment and it is not practicable to take the deposition of such witness in a ccordance 
with the other provisions of this Code, the magistrate may of his own motion, and shall 
on the application of a prosecutor or an accused, take the statement in writing on oath of 
such person and shall subscribe the same and certify that it contains accurately the whole 
of the statement made by such person and shall add a statement of his reason  for ta king 
the same, the date and place where the same was taken, and the names of the persons, if 
any, present at the taking thereof.  
156.   Notice to be given of statement to be taken under section 155  
If the statement referred to in section 155 relates  to, or is expected to relate to, an 
offence for which any person has been charged or has been committed for trial, 
reaso nable notice of the intention shall be served upon the prosecutor and the accused, and if the accused is in custody he may, and shall i f he so requires, be brought by the 
person in whose custody he is, under an order in writing of the magistrate, to the place 
where and at the time when the statement is to be taken.  
157.   Magistrate to deal with depositions under section 155 like other de positions  
If any deposition taken under the provisions of section 155 relates to an offence the 
preliminary inquiry into which has ended, the magistrate taking it shall forward it to the 
Registrar to be placed with the other depositions in the case. If it relates to an offence 
with which some person has been charged and as to which the preliminary inquiry has not 
been concluded (whether it has been commenced or not) the magistrate shall deal with it 
like any other deposition taken in the matter under prelim inary inquiry. A person so 
making a deposition shall not be called upon to enter into a recognisance to give ev idence 
at the trial of the accused.  
158.   Depositions under section 155 admissible in evidence  
(1)  Every deposition taken under the provisions of section 155 shall be a deposition 
taken in the case to which it relates and, subject to the provisions of subsections  (2) 
and (3), shall be admissible in evidence on the same conditions as other depositions.  
(2)  Such a deposition shall be admissible ag ainst the accused, although it may have 
been taken in his absence and may not have been read over to the witness in his presence 
and although neither he nor his counsel has any opportunity of cross -examining the 
witness, if it is shown that the accused, ha ving received notice as aforesaid that such 
depos ition was to be taken, refused or neglected to be present or to cause his counsel to 
be pr esent when it was taken.  
(3)  Notwithstanding anything contained in subsection (1) or (2), if it is shown that the 
person whose evidence has been so taken has recovered from his il lness or hurt, or is in 
Saint Vincent and the Grenadines, so as to be able to be present and give evidence at the 
sessions at which the accused is tried, such deposition shall not be read.  
159.   Transmission of depositions, etc.  
In the event of a committal for trial, the written charge, the depositions, the stat ement 
and evidence, if any, of the accused, the recognisances of the complainant and the 
witnesses, the recognisances of bail, if any, and any documents or things which have been 
put in evidence shall be transmitted without delay by the court to the Registrar. An 
authent icated copy of the depositions, the statement and evidence of the accused, if any, 
and the documentary exhibits shall be  supplied to the Director of Public Prosecutions and,  
if the charge was not laid by or on behalf of the Director of Public Prosecutions, the 
Commissioner of Police, any department of Government or a public officer acting in an 
official capacity, to the per son laying the charge.  
160.   Director of Public Prosecutions may refer case back for further inquiry  
(1)  After receipt by the Director of Public Prosecutions of the depositions, etc., 
forwarded to him under section 159 he may, at any time, refer the case  back to the 
commi tting court with directions to re -open the inquiry for the purpose of taking 
evidence, or further ev idence, on a certain point or points to be specified and with such 
directions as the Director may think proper.  
(2)  Subject to any expres s directions which may be given by the Director of Public 
Prosecutions, the effect of any reference back to the magistrate’s court shall be that the 
inquiry shall be re -opened and dealt with in all respects as if the accused had not been 
committed for tria l. 
161.   Bill of indictment  No bill of indictment shall be preferred charging any person with an indictable o ffence 
unless — 
 (a) the person charged has been committed for trial for the offence; or  
 (b) the bill is preferred by the direction of the Court o f Appeal or by the 
direction or with the consent of a judge:  
Provided that, when the person charged has been committed for trial, the bill of 
indic tment preferred against him may include, either in addition to or in substitution for 
the count charging the offence for which he was committed, any count founded on facts 
disclosed by the depositions.  
162.   Bill of indictment preferred by consent  
(1)  An application under section 161 for consent to the preferment of a bill of 
indic tment may be made to a judge a nd shall be in writing and signed by the applicant or 
his counsel.  
(2)  Every such application shall — 
 (a) be accompanied by the bill of indictment which it is proposed to prefer and, 
unless the application is made by the Director of Public Prosecutions, s hall 
also be accompanied by an affidavit by the applicant or, if the applicant is a 
corporation, by some director or other officer of the corporation, that the 
statements contained in the application are, to the best of the deponent’s 
knowledge, informatio n and belief, true; and  
 (b) state whether or not any application has previously been made under that 
section and whether there have been any committal proceedings, and the 
result of such application or proceedings.  
(3)  Where there have been no committal proceedings, the application shall state the 
reason why it is desired to prefer a bill without such proceedings and — 
 (a) there shall accompany the application proofs of the evidence of the wi tnesses 
whom it is proposed to call in support of the charge; an d 
 (b) the a pplication shall embody a statement that the evidence shown by the 
proofs will be available at the trial and that the case disclosed by the proofs 
is, to the best of the information, knowledge and belief of the applicant, 
substa ntially a true c ase. 
(4)  When there have been committal proceedings, and a magistrate’s court has 
refused to commit the accused for trial, the application shall be accompanied by — 
 (a) a copy of the depositions; and  
 (b) proofs of any evidence which it is proposed to cal l in support of the charge 
so far as that evidence is not co ntained in the depositions,  
and the application shall embody a statement that the evidence shown by the proofs and 
(except so far as may be expressly stated to the contrary in the application) the  evidence 
shown by the depositions will be available at the trial, and that the case disclosed by the 
proofs and the depositions is, to the best of the knowledge, information and belief of the 
applicant, substantially a true case.  
(5)  Unless the judge oth erwise directs in any particular case, his decision on the 
application shall be signified in writing on the application without requiring the 
attendance before him of the applicant or of any witnesses. If the judge thinks fit to 
require the atte ndance of t he applicant or of any witnesses, their attendance shall not be in 
open court. Unless the judge gives direction to the contrary, when an applicant is required 
to attend he may attend by counsel.  (6)  It shall be the duty of any person in charge of any depo sitions to give to any 
person desiring to make an application for leave to prefer a bill of indictment against the 
person who was accused when the depositions were taken, a re asonable opportunity to 
inspect the depositions and, if so required by him, to su pply him with copies of the 
depositions or of any part thereof.  
163.   Mode of trial and preferment of indictment  
(1)  Unless the Director of Public Prosecutions has filed a nolle prosequi  in 
accordance with the provisions of section 67, every person commi tted for trial or against 
whom a bill is preferred under the provisions of section 161 shall be tried on an 
indic tment and such trial shall be before a judge and a jury empanelled in accordance 
with the provisions of the Jury Act.  
[Chapter 21.]  
(2)  Every indictment shall be drawn up in accordance with the provisions of this Code 
and when signed shall be filed in the High Court together with such additional co pies 
thereof as are necessary for service upon the accused person or persons.  
(3)  Where the accuse d has been committed for trial on a charge in respect of which 
the complaint was laid or on behalf of the Director of Public Prosecutions or by a police 
or other public off icer acting in the course of his official duty, the indictment shall be 
signed by or  on behalf of the Director of Public Prosecutions.  
(4)  Where the accused has been committed for trial on a charge in respect of which 
the complaint was laid by a person other than a person mentioned in subsection (3), the 
indictment shall be signed and fi led by that person.  
(5)  Where leave has been given under section 162, the indictment shall be signed and 
filed by the applicant for such leave.  
(6)  Where a direction has been given by the Court of Appeal or by a judge for the 
preferment of a bill of indi ctment, the indictment shall be signed and filed by or on behalf 
of the Director of Public Prosecutions.  
164.   Offences to be specified in indictment  
(1)  Every indictment shall contain, and shall be sufficient if it contains, a statement of 
the specific offence or offences with which the accused is charged, together with such 
particulars as may be necessary for giving reasonable information as to the nature of the 
offence charged.  
(2)  Except as otherwise provided, the provisions of this section, sections  165, 166, 
and 167 and the Rules in the Third Schedule shall apply to charges in a magi strate’s court 
as they apply to indictments.  
165.   Joinder of counts  
(1)  Any offences may be charged together in the same indictment if the offences 
charged are founde d on the same facts or form part of a series of offences of the same or 
similar character.  
(2)  In relation to charges in a magistrate’s court, the provisions of subsection (1) are 
subject to the provisions of section 70(6) and (7).  
166.   Joinder of two o r more accused in one indictment  
The following persons may be joined together in one indictment and may be tried 
together —  (a) persons accused of the same offence committed in the course of the same 
transaction;  
 (b) persons accused of an offence and pers ons accused of abetment or an 
attempt to commit such offence or of assisting the offender;  
 (c) persons accused of different offences committed in the course of the same 
transa ction; 
 (d) persons accused of more offences than one of the same kind (that is to say, 
offences punishable with the same punishment under the same section of the 
Criminal Code, or any other law) committed by them jointly within a period 
of twelve months;  
 (e) persons accused of any offence under section 209, 216, 217, 218, 219 or 232  
of the Criminal Code and persons accused of handling stolen goods under 
section 233 of that Code, such stolen goods being the subject matter of any 
such offence alleged to have been committed by the first -named pe rson 
(“stolen goods” being construed in ac cordance with section 234 of that 
Code) or of abetting or attempting such o ffence;  
 (f) persons accused of any offence relating to counterfeit under Chapter XIV of 
the Criminal Code and persons accused of any other offence relating to the 
same counterfeit;  
 (g) persons charged with reference to the same theft (construed in accordance 
with section 234 of the Criminal Code) with ha ving at the same or different 
times handled all or any of the stolen goods (construed in accordance with 
the same provisions).  
167.   Rules for the framing of indictments  
(1)  The provisions of the Rules set out in the Third Schedule shall apply with respect 
to all indictments, and, notwithstanding any rule of law to the contrary, an indictment 
shall not be open to objection in respe ct of its form or contents if it is framed in 
accordance with those Rules.  
(2)  Any person whose name is not known may be described as a person unknown.  
(3)  Without prejudice to the provisions of subsections (1) and (2), no charge shall be 
deemed to be ob jectionable or insufficient on any of the following grounds — 
 (a) it contains only one name of the accused;  
 (b) it contains only one name of the injured person;  
 (c) the name or identity of the owner of any property is not stated;  
 (d) it charges an inten t to defraud without naming or describing the person 
whom it was intended to defraud;  
 (e) it does not set out any document which may be the subject of the charge;  
 (f) it does not set out the words used where the words are the subject of the 
charge;  
 (g) the means by which the offence was committed is not stated;  
 (h) the district in which the offence was committed is not stated; or  
 (i) any pe rson or thing is not described with precision:  
Provided that, if it appears to the court that the interests of jus tice and the avoi dance of 
prejudice to the accused so require, the court shall order that the prosecutor shall furnish 
particulars further describing or specifying any of the foregoing matters.  (4)  Rules of court relating to indictments may be made under section 17 of the Court 
Order and such rules may supplement, replace, amend or repeal the Rules in the Third 
Schedule.  
168.   Notice of trial  
The Registrar shall endorse on or annex to every indictment filed, and to every copy 
thereof delivered to an offic er of the court for service thereof, a notice of the trial and 
such notice shall specify the particular sessions of the High Court at which the accused is 
to be tried on the said indictment and shall be in the following form or as near as may 
be— 
“A.B.  
Take notice that you will be tried on the indictment of which this is a true copy the sessions of 
the High Court to be held at .................... commencing on the .......... day of ...................., 
20..........”.  
169.   Service of copy of indictment , etc., and notice of trial  
(1)  The Registrar shall deliver or cause to be delivered to the officer of court serving 
the indictment a copy thereof with the notice of trial endorsed thereon or annexed thereto 
together with copies of the depositions and, if  there is more than one person committed 
for trial, then as many copies as there are accused persons.  
(2)  The officer of court shall, as soon as may be after having received the copy or 
copies of the indictment, depositions and notice of the trial and at least three days before 
the day for trial, by himself or his deputy or other officer, deliver to the accused person or 
persons committed for trial such copy or copies and explain to him the nature and 
exigence thereof.  
(3)  When any accused has been admitt ed to bail and cannot readily be found, the 
officer shall leave a copy of the indictment, depositions and notice of trial with an adult of 
his household dwelling with him at his dwelling house or with someone of his bail for 
him. If none such person can be  found, the officer shall fix the copy of the indictment, 
depos itions and notice of trial to the outer or principal door of his dwelling house or of 
any of his sureties.  
(4)  Nothing in subsection (1), (2) or (3) shall prevent any person committed for tria l 
and in custody at the opening of or during any sessions of the High Court from being tried 
thereat if he shall assent to be so tried and no objection thereto be made on the part of the 
Crown.  
(5)  The officer serving the copy or copies of the indictment,  depositions and notice of 
trial shall forthwith make to the Registrar a return of the mode of service thereof.  
170.   Postponement of trial  
(1)  The High Court, on the application of the prosecutor or the accused, if the Court 
considers that there is suff icient reason therefor, may postpone the trial of any accused to 
the next sessions of the Court or to a subsequent session and may respite the 
recogn isances of the prosecutor and witnesses. In any such case the respited 
recognisances shall have the same fo rce and effect as fresh recognisances to prosecute 
and give evidence at such subsequent sessions would have had.  
(2)  The High Court may give such directions for the amendment of the indictment 
and service of any notices which the court may deem necessary in consequence of any 
order made under subsection (1).  
CHAPTER IX  Committal for Sentence  
171.   Procedure where accused admits guilt at preliminary inquiry  
(1)  If, in a case not involving a charge of high treason, treason, murder or genocide, 
the accused in a statement made to the magistrate’s court under section 146 admits that he 
is guilty of the offence with which he is charged, the magistrate may commit him to the 
High Court for sentence instead of for trial, and shall explain to him the procedure and 
shall say to him the following words, or words to like effect — 
  “Do you wish the witnesses to appear again to give evidence against you 
before the High Court?”.  
(2)  If the accused in answer to such question states that he does not wish the 
witnesses to b e called again to give evidence against him, his statement shall be taken 
down in wri ting and read to him and shall be signed by the magistrate and by the accused, 
if willing to do so, and shall be filed with the depositions of the witnesses. If, however, 
the accused states that he does require the witnesses, other than any giving evidence as to 
character, the magistrate shall not commit the accused for sentence under the procedure in 
this Chapter but shall commit the accused for trial in accordance with th e procedure in 
Chapter VIII.  
(3)  In a case to which this section applies, the magistrate shall bind over the wi tnesses 
to attend the proceedings before the High Court conditionally, upon reasonable notice 
being given to them by the Registrar that they are  so required to attend in purs uance of 
their recognisance.  
(4)  The magistrate, in a case to which this section applies, shall order the accused to 
be committed for sentence before the High Court and in the meantime, by his warrant, 
shall commit him to pri son to be safely kept there until the next sitting of the High Court 
unless he is admitted bail or otherwise delivered by due course of law.  
(5)  The statement of the accused made under this section shall be received in 
evidence upon its mere pr oduction wi thout further proof thereof, by the court before 
which he is brought for se ntence.  
172.   Transmission of proceedings  
(1)  The magistrate shall, as soon as practicable after such committal, transmit the 
charge, depositions and any statement or evidence of the accused taken on the hearing of 
such charge to the Registrar, together with a copy of all such documents for the use of the 
Director of Public Prosecutions and, if the charge was laid other than by or on behalf of 
the Director of Public Prosecutions or  other officer acting in the course of his official 
duty, for the use of the person who laid the charge.  
(2)  The Registrar shall, as soon as practicable after receiving the matters referred to in 
subsection (1), deliver them to a judge and to the Director  of Public Prosecutions or such 
other person for whose use the Registrar is required to deliver them under the prov isions 
of that subsection.  
(3)  The Director of Public Prosecutions, or someone on his behalf, or such other 
person to whom matters have to b e delivered shall, as soon as pract icable after receiving a 
copy of the record of the proceedings at the preliminary inquiry, sign and file an 
indic tment against the person committed for sentence.  
173.   Accused to be brought before a judge to be dealt wit h 
(1)  As soon as conveniently may be after the filing of an indictment against a person 
committed for sentence, the Registrar shall issue a summons to the accused to appear and, 
if he is in custody, an order to the gaoler to bring the accused before a jud ge at a time to be fixed by the judge. The Registrar shall notify the Director of Public Prosecutions or 
other person signing and filing the indictment accordingly.  
(2)  The accused shall be called upon to plead to the indictment in the same manner as 
if he had been committed for trial, and he may plead either that he is guilty of the offence 
charged or, with the consent of the prosecutor, of any other offence of which he might be 
convicted on the indictment.  
(3)  If the accused pleads not guilty, or if he pleads that he is guilty but it appears to 
the court upon examination of the depositions that he has not committed the offence 
charged in the indictment or any other offence of which he might be convicted on the 
indictment, a plea of not guilty shall be en tered and the trial shall proceed as in other 
cases where that plea is entered. The judge shall postpone the case for trial by a jury at the 
regular sessions of the High Court and may remand the accused in prison or admit him to 
bail in the meantime.  
(4)  An accused who has been committed for sentence may plead autrefois acquit , 
autrefois convict  or pardon, and in such case, unless the accused, the prosecutor and the 
judge agree to the issue being tried by the judge without a jury, the judge shall postpone 
the case for trial by a jury as provided in subsection (3).  
174.   Withdrawal by accused of consent to committal for sentence  
(1)  An accused may, at any time before he is brought up for sentence, give notice in 
writing to the Registrar that he desires to withdraw his consent to be committed for 
sentence, and in such case he shall not be taken before a judge for sentence but shall be 
deemed to have been committed for trial at the next sessions of the High Court and the 
provisions of Chapter X shall apply ac cordingly.  
(2)  The notice referred to in subsection (1) shall be filed on record in the Registrar’s 
office and the Registrar shall notify the D irector of Public Prosecutions or other person by 
whom the indictment was signed of the withdrawal of consent to  committal for se ntence.  
(3)  In the event of an accused withdrawing his plea of guilty, pleading not guilty or 
withdrawing his consent to committal for sentence, the Director of Public Prosecutions 
may refer the case back to the committing court in accord ance with the provisions of 
section 160.  
175.   Powers of judge when dealing with persons committed for sentence  
(1)  A judge, when sitting to deal with persons committed for sentence, shall, subject 
to these provisions, possess all the powers, authorities  and jurisdiction vested in the High 
Court with respect to the trial of criminal cases in the exercise of the ordinary criminal 
jurisdiction of such court.  
(2)  The Registrar or other proper officer of the court shall attend before a judge in any 
proceedin gs respecting persons committed for sentence and keep a record thereof in like 
manner as in other proceedings of the court.  
176.   Notice by person committed for trial of intention to plead guilty  
(1)  A person committed for trial, whether he is in custody  or not, may, if he wishes to 
plead guilty and be sentenced prior to the regular sessions of the High Court, file with the 
Registrar a notice in writing to that effect and such notice shall be filed in the Regi strar’s 
office.  
(2)  In such cases as are ment ioned in subsection (1), the Registrar shall notify a judge, 
the Director of Public Prosecutions and any other person by whom the indictment was 
signed and filed, of such notice and the subsequent proceedings shall be as in the case of 
a person committed f or sentence and the provisions of sections 173, 174 and 175 shall 
apply.  176A.    Committal for sentence in drug trafficking cases  
(1)  Notwithstanding the provisions of Chapter VII, in any case in which a 
Magi strate’s Court convicts an accused person of an y offence which is a drug trafficking 
offence within the meaning of section 2 of the Drug Trafficking Offences Act, 1993, and 
in which an oral application is then made by the prosecution to the Magistrate in that 
behalf, the Magistrate shall thereupon, wit hout proceeding to either sentence or otherwise 
deal with the convicted person, stay further proceedings in his court and shall commit the 
convicted person to the High Court for sentence and shall commit him to prison in the 
meantime.  
(2)  The Magistrate s hall transmit the minute or memorandum of conviction together 
with the record of the proceedings had before him to the Registrar, together with a copy 
of all such documents for the use of the Director of Public Prosecutions.  
(3)  Section 173(1) shall apply , mutatis mutandis , to a committal for sentence under 
this section as it does to a committal for sentence under section 171.  
[Section 176A inserted by Act No. 4 of 1994.]  
CHAPTER X  
Procedure in Trials before the High Court  
177.   Bench warrant where accuse d does not appear  
Where any person against whom an indictment has been preferred, and who is at large, 
does not appear to plead to the indictment, whether he is under recognisances or not, the 
court may issue a warrant for his arrest.  
178.   Bringing up pr isoner for trial  
If any person against whom an indictment is preferred is at the date appointed for trial 
thereof confined in prison for some other cause, a judge, by order in writing, may direct 
the officer in charge of the prison to bring up the accused as often as may be r equired for 
the purpose of the trial and such order shall be sufficient authority therefor and shall be 
obeyed by the officer in charge of the prison. Any such person shall for all pu rposes be 
deemed to be in lawful custody during the p eriod when he is absent from prison in 
accordance with any such order.  
179.   Arraignment of accused  
(1)  An accused to be tried before the High Court upon an indictment shall be placed 
at the bar unfettered, unless the court shall see cause otherwise to o rder, and the 
indic tment shall be read over to him by the Registrar or other officer of the court and 
explained or interpreted to him if need be, and such accused shall be required to plead 
instantly thereto, unless he shall object that a copy of the indic tment has not previously 
been served upon him under the provisions of section 169 or he raises objection to the 
indic tment as hereafter in this Code provided.  
(2)  An accused shall not be arraigned in the presence of persons from among whom 
the court inten ds to select a jury to try him should he enter a plea of not guilty, but where 
for any reason this provision is not complied with, the judge may, in his absolute 
discr etion (from which there shall be no appeal), waive the irregularity if he considers 
that the a ccused has not suffered any prejudice thereby. If the judge considers that an 
accused has been prejudiced by reason of the non -compliance with the provision he shall 
terminate the proceedings and cause the trial to be commenced afresh with a jury whic h 
excludes any person in whose presence the accused had been arraigned and any person who had already been empanelled (whether or not such person has as yet been sworn) in 
the course of the aborted proceedings.  
(3)  In the case of a corporation, the corpor ation may, by its representative, enter a 
plea in writing, and if either the corporation does not appear by its representative or, 
though it does appear, fails to enter a plea, the court shall cause a plea of not guilty to be 
entered.  
(4)  For the purposes  of this section, a representative of a corporation need not be 
appointed under the seal of the corporation, and a statement in writing purporting to be 
signed by the managing director of the corporation or by any persons (by whatever name 
called) having, or being one of the persons having, the management of the affairs of the 
corporation, to the effect that the person named in the statement has been appointed as the 
representative of the corporation for the purpose of this section shall be admissible 
without further proof as prima facie  evidence that person has been so appointed.  
180.   Objection to indictment on grounds of insufficiency of particulars  
(1)  No count in an indictment shall be quashed upon the ground only that it contains 
insufficient particu lars, but in any such case if objection is taken to any count by the 
accused  or if, in default of such objection, it appears to the court that the interest of justice 
so requires, the court may order that the prosecution furnish such particulars in su pport of 
the charge as it may consider necessary for a fair trial and a copy of any such pa rticulars 
shall be given to the accused or his counsel without charge, and the trial shall proceed 
thereafter as if the indictment had been amended in conformity with the  partic ulars. 
(2)  Every objection to any indictment on any of the grounds referred to in 
subse ction (1), or for any formal defect on the face thereof, shall be taken immediately 
after the i ndictment has been read over to the accused and not later.  
181.   Amendment of indictment, separate trial and postponement of trial  
(1)  Where, before a trial upon indictment or at any stage of such trial, it appears to the 
court that the indictment is defective, the court shall make such order for the amen dment 
of the i ndictment as the court considers necessary to meet the circumstances unless, 
having regard to the merits of the case, the required amendments cannot be made without 
injustice. Any such amendments shall be made upon such terms as the court shall seem 
just. 
(2)  When an indictment is amended under the provisions of this section, a note of the 
order for amendment shall be endorsed on the indictment, and thereafter the indictment 
shall be treated for the purposes of all proceedings in connection therewith as ha ving been 
filed in the amended form.  
(3)  Where, before a trial upon indictment or at any stage of such trial, the court is of 
the opinion that the accused may be prejudiced or emba rrassed in his defence by reason 
of being charged with more than one offenc e in the same indictment, or that for any 
reason it is desirable to direct that where there are two or more accused they should be 
tried separately, the court may order the separate trial of any count or counts in such 
indic tment or the separate trial of a ny accused charged in the same indictment.  
(4)  Where, before a trial upon indictment or at any stage of such trial, the court is of 
the opinion that the postponement of the trial is expedient as a consequence of the 
exercise of any power of the court unde r this section or any other provision of this Code, 
the court shall make such order as to the postponement of the trial as appears necessary.  
(5)  Where an order of the court is made under this section for a separate trial or for 
postponement of a trial — 
 (a) if such an order is made during a trial, the court may order that the jury is to 
be discharged from giving a verdict on the count or counts the trial of which 
is postponed or on the indictment as the case may be;   (b) the procedure on the separate tria l of a count shall be the same in all respects 
as if the count had been framed in a separate indictment, and the procedure 
on the postponed trial shall be the same in all respects as if the trial had not 
commenced; and  
 (c) the court may make such order as  to admitting the accused to bail and as to 
enlargement of recognisances and ot herwise as the court may think fit.  
(6)  Any power conferred upon the court under this section shall be in addition to and 
not in derogation of any other power of the court for the same or similar purposes.  
182.   Quashing of indictment  
(1)  No objection to an indictment shall be taken by way of demurrer, but if any 
indictment does not state in substance an indictable offence or states an offence not 
triable by the court, the acc used may move the court to quash it or in arrest of judgement.  
(2)  If the motion is made before the accused pleads, the court shall either quash the 
indictment or amend it, if having regard to the interest of justice, it considers that it is 
proper that i t should be amended.  
(3)  If the defect in the indictment appears during the trial and the court does not think 
fit to amend it, it may, in its discretion, quash the i ndictment or leave the objection to be 
taken in arrest of judgement.  
(4)  If the indictme nt is quashed, the court may direct the accused to plead to another 
indictment founded on the same facts when called on at the same session of the court.  
183.   Charge of previous conviction  
When an indictment contains a statement charging the accused with  having been 
previously convicted, he shall not at the time of his arraignment be required to plead to it 
unless he pleads guilty to the rest of the indictment, nor shall such statement be 
mentioned to the jury when the accused is given in charge to them n or when they are 
sworn. The accused shall not be tried upon such statement if he is acquitted on the count 
or counts to which it is relevant. If however, he is convicted on any count to which such 
statement is relevant he shall be asked whether he has prev iously been convicted as 
alleged or not, and, if he says that he has not or does not say that he has been so 
convicted, the jury shall be charged to inquire into the matter as in other cases.  
184.   Pleading to the indictment  
When the accused is called upo n to plead, he may plead either guilty or not guilty, or 
such other special pleas as are provided in this Code.  
185.   Refusal or incapacity to plead  
(1)  If an accused, upon being arraigned upon any indictment, stands mute of malice or 
will not, or by rea son of infirmity cannot, answer directly to the indictment, the court 
may, if it thinks fit, order the Registrar or other proper officer of the court, to enter a plea 
of not guilty on behalf of such person, and the plea so entered shall have the same force  
and effect as if such person had actually pleaded the same.  
(2)  The provisions of this section are without prejudice to the provisions of 
section 115 relating to incapacity to plead.  
186.   Procedure when plea made  
(1)  If upon arraignment the accused pl eads guilty, he may be convicted thereon.  (2)  If upon arraignment the accused pleads not guilty, or if a plea of not guilty is 
entered upon his behalf in accordance with the provisions of section 185, the court shall 
proceed to try the case.  
(3)  Every pl ea, including any special plea, shall be entered by the Registrar, or other 
proper officer of the court, on the back of the indictment or on a sheet of paper annexed 
thereto.  
187.   Power to postpone or adjourn trial  
(1)  If, from the absence of witnesses or any other reasonable cause to be recorded in 
the proceedings, the court considers it necessary or advisable to postpone the 
commencement of, or to adjourn, any trial, the court may from time to time postpone or 
adjourn the same on such terms as it think s fit for such time as it considers reasonable, 
and may remand the accused to prison or other place of security or may admit the a ccused 
to bail. During any remand the court may at any time order the accused to be brought 
before it.  
(2)  Subject to the pro visions of subsection (1), when the accused is given in charge to 
the jury the trial shall proceed continuously subject to such adjournment from day to day 
as the length of the proceedings requires.  
188.   Procedure relating to jurors  
All matters relating to the calling, challenging, empanelling or swearing of jurors, or 
otherwise in respect of any matter relating to juries for which no express provision is 
made in this Code, shall be conducted in accordance with the provisions in that behalf as 
contained i n the Jury Act.  
[Chapter 21.]  
189.   Giving accused in charge of jury  
When a full jury have been sworn, the Registrar shall call the prisoner to the bar and 
addressing the members of the jury, shall state the substance of the offence charged in the 
indictm ent and shall say “to this indictment he has pleaded not guilty and it is your charge 
to say having heard the evidence, whether he be guilty or not guilty”.  
190.   Case for the prosecution  
After the accused has been given in charge of the jury or when the jury have been 
sworn, the counsel for the prosecution may open the case against the accused and adduce 
evidence in support of the charge.  
191.   Additional evidence for the prosecution  
(1)  No witness who has not given evidence at the preliminary inquiry s hall be called 
by the prosecution at his trial unless the accused has received reasonable notice in writing 
of the intention to call such witness.  
(2)  Such notice as is mentioned in subsection (1) shall state the witness’s name and 
give the substance of t he evidence which he intends to give. It shall be for the court to 
determine in any particular case what notice is reasonable, regard being had to the time 
when and the circumstances under which the prosecution became acquainted with the 
nature of the witn ess’s evidence and decided to call him as a witness.  
(3)  Where the prosecution becomes aware that a witness who was called at the 
preliminary inquiry proposes to give material evidence which he did not give at the 
prelim inary inquiry, the prosecution shal l, as soon as possible, give the accused notice in writing of the substance of the new evidence, and such notice shall be deemed to form 
part of the depositions.  
192.   Cross -examination of prosecution witnesses  
Subject to the provisions of the Evidence Ac t, the witnesses called for the prosec ution 
shall be the subject to cross -examination by the accused or his counsel, and to re -
examination by the prosecution.  
[Chapter 158.]  
193.   Deposition may be read in certain cases  
(1)  Where any person has been comm itted for trial for any offence, the deposition of 
any person taken before the committing court may, if the conditions hereinafter set out 
are satisfied, without further proof be read as evidence at the trial of that person, whether 
for that offence or for  any other offence, arising out of the same transaction, or set of 
circumstances, as that offence.  
(2)  The conditions referred to in subsection (1) are the fo llowing — 
 (a) the deposition must be the deposition either — 
 (i) of a witness whose attendance at  the trial is stated to be unnecessary in 
accordance with the provisions of section 154,  
 (ii) of a witness whose deposition was taken in accordance with the 
provisions of section 155 and who is proved at the trial, by the oath of 
a credible witness, to be  dead, insane, absent from Saint Vincent and 
the Grenadines or so ill as not to be able to travel,  
 (iii) of a witness whose deposition was taken at the preliminary inquiry, 
but who is proved at the trial, by the oath of a credible witness, to be 
dead, ins ane, a bsent from Saint Vincent and the Grenadines or so ill as 
not to be able to travel, or  
 (iv) of a witness who is proved to be kept away by means of the 
procurement of the accused or on his b ehalf; and  
 (b) the deposition must purport to be signed by t he magistrate before whom it 
purports to have been taken.  
(3)  The provisions of this section shall not have effect in any case in which it is 
proved — 
 (a) that the deposition was not in fact signed by the magistrate before whom it 
purports to have been si gned; or  
 (b) that the deposition is that of a witness whose attendance at the trial was 
stated to be unnecessary and the witness has been duly notified subs equently 
that he is required to attend the trial, unless the provisions of su bsection 
2(a)(iii) or (iv) apply.  
194.   Statement or evidence of accused  
The statement or the evidence (if any) of the accused duly recorded by or before the 
committing court, and whether signed by the accused or not, may be given in evidence 
without further proof thereof, unl ess it is proved that the magistrate purporting to sign the 
statement or evidence did not sign it.  
195.   Close of case for prosecution  (1)  When the evidence of the witnesses for the prosecution has been concluded, and 
the statement or evidence, if any, o f the accused person before the committing court has 
been given in evidence, the court, if it considers that there is no evidence that the accused, 
or any one of several accused, committed the offence, shall, after hearing any a rguments 
which the prosecuti on or the defence may desire to submit, record a finding of not guilty.  
(2)  When the evidence of the witnesses for the prosecution has been concluded, and 
the statement or evidence, if any, of the accused before the committing court has been 
given, the co urt, if it considers that there is evidence that the accused or any one or more 
of several accused committed the offence, shall inform each such accused of his right to 
address the court, either personally or by his counsel, if any, to give evidence on oat h on 
his own behalf explaining to him that if he does so he will be liable to cross -examination, 
or to remain silent, and to call witnesses in his defence. In all cases the court shall r equire 
him or his counsel to state whether it is intended to call any witnesses as to fact other than 
the accused himself. Upon being informed thereof the judge shall record the same.  
196.   Case for the defence  
Subject to the provision of section 107(2), the accused or his counsel may then open 
his case, stating the facts o r law on which he intends to rely, and making such comments 
as he thinks necessary on the evidence for the prosecution. The accused may then give 
evidence on oath on his own behalf and he or his counsel may examine his witnesses (if 
any), and after their c ross-examination by the prosecution may re -examine them.  
197.   Additional witnesses for the defence  
The accused shall be allowed to examine any witness not previously bound over to 
give evidence at the trial if such witness is in attendance. If he apprehe nds that any such 
witness will not attend the trial voluntarily he shall be entitled to apply for the issue of 
process to compel such witness’s attendance:  
Provided that no accused shall be entitled to any adjournment to secure the atte ndance 
of any witnes s unless he shows that he could not by reasonable diligence have taken 
earlier steps to obtain the presence of the witness.  
198.   Notice of alibi  
(1)  On trial before the High Court the accused shall not, without leave of the court, 
adduce evidence in sup port of an alibi unless he gives notice of particulars of the alibi.  
(2)  Without prejudice to subsection (1), on any such trial the accused shall not 
without the leave of the court call any other person to give such evidence unless — 
 (a) the notice under that subsection includes the name and address of the 
witness, or, if the name or address is not known to the accused at the time he 
gives the notice, any information in his possession which might be of 
material assistance in finding the witness;  
 (b) if the name or the address is not included in that notice, the court is sati sfied 
that the accused, before giving the notice took and thereafter continued to 
take all reasonable steps to secure that the name or address would be 
ascertained;  
 (c) if the name or the address is not included in that notice but the accused 
subsequently discovers the name or address or receives other information 
which might be of material assistance in finding the witness, he forthwith 
gives n otice of the name, address or other inform ation, as the case may be; and  
 (d) if the accused is notified, by or on behalf of the magistrate, that the witness 
has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession o r, on 
subsequently receiving any such i nformation, forthwith gives notice of it.  
(3)  The court shall not refuse leave under this section if it appears to the court that the 
accused was not informed by the magistrate before committal for trial of the requi rements 
of this section.  
(4)  Any evidence tendered to disprove an alibi may, subject to any directions by the 
court as to the time it is to be given, be given before or after evidence is given in support 
of the alibi.  
(5)  Any notice purporting to be give n under this section on behalf of the accused by 
his counsel shall, unless the contrary is proved, be deemed to be given with the authority 
of the accused.  
(6)  A notice given under subsection (1) shall either be given in court during, or at the 
end of, th e preliminary inquiry, in which case it shall be recorded in full in the record of 
proceedings, or be delivered in writing to the magistrate before the end of the 
prescribed  period. A notice under subsection (2)( c) or ( d) shall be delivered in writing 
to the ma gistrate . 
(7)  In this section — 
“evidence in support of an alibi” means evidence tending to show that by re ason 
of the presence of the accused at a particular place or in a particular area at a partic ular 
time he was not, or was unlikely to have been,  at the place where the offence is 
alleged to have been committed at the time of its alleged commi ssion;  
“prescribed period” means the period of seven days from the end of the prelim inary 
inquiry.  
199.   Evidence in reply  
If the accused adduces evidence in  his defence introducing new matter which the 
prosecution could not reasonably have foreseen, the court may allow the prosecution to 
call evidence in reply to rebut such new matter.  
200.   Court may require witness to be called  
If the court is of the opini on that any witness who is not called for the prosecution 
ought to be so called, it may require the prosecution to call him and, if the witness is not 
in attendance, may make an order that his attendance be procured and adjourn the further 
hearing of the c ase until the witness attends, or may, on the application of the accused, 
discharge the jury and postpone the trial.  
201.   Summing up by the judge and consideration of verdict by the jury  
(1)  When the case on both sides is closed the judge shall, as nece ssary, sum up the 
law and the evidence in the case.  
(2)  After the summing up, the jury shall consider their verdict on the indictment or, if 
there are more than one count, on each count in the i ndictment.  
202.   Recording of verdict  
The verdict, when retu rned by the jury and accepted by the court, shall be entered by 
the Registrar or other proper officer of the court on the back of the indictment, or on a 
sheet of paper annexed thereto, before the jury is discharged.  
203.   Verdict of not guilty  If the jur y find the accused not guilty, he shall be immediately discharged from 
custody on that indictment or, if there are more than one count, on any count on which he 
is so found.  
204.   Calling upon the accused  
If the accused is convicted, or if the accused ple ads guilty, the Registrar or other 
proper officer of the court shall ask him if he has anything to say why sentence should not 
be passed upon him according to law, but the omission so to ask him shall have no effect 
upon the validity of the proceedings.  
205.   Motion in arrest of judgement  
(1)  The accused may at any time before sentence, whether on his plea or otherwise, 
move in arrest of judgement on the ground that the indictment does not, after any 
amen dment which the court is willing and has power to m ake, state any offence which the 
court has power to try.  
(2)  The court may, in its discretion, either hear and determine the matter during the 
same sitting or adjourn the hearing thereof to a future date to be fixed for that purpose.  
(3)  If the court fin ds in favour of the accused he shall be discharged on that 
indic tment or, if there are more than one count, on any count on which it so finds.  
206.   Evidence for arriving at proper sentence  
The court may, before passing sentence receive such evidence as i t thinks fit in order 
to inform itself as to the proper sentence to be passed, and may hear counsel on any 
mitiga ting or other circumstances which may be relevant.  
207.   Sentence  
(1)  If no motion in arrest of a judgement is made, or if the court decides against the 
accused upon such motion, the court may sentence the accused at any time during the 
session of the court in which the trial took place or may, in its discretion discharge him on 
his own recognisances or on that of such sureties as the court may  think fit, or both, to 
appear and receive judgement at the same or some future sitting of the court or when 
called upon.  
(2)  A sentence imposed under subsection (1) may be varied or rescinded by the judge 
at any time during the same session of the court during which it was imposed, and in such 
event shall be deemed to have taken effect from the day on which the original sentence 
was imposed, unless the court otherwise directs:  
Provided that, for the purpose of any provision relating to the time within whi ch an 
appeal may be made, a sentence which has been varied shall be deemed to have been 
imposed on the date on which it was so varied.  
208.   Recording of judgement  
The judgement or sentence of the court shall be entered by the Registrar or other 
proper of ficer of the court on the back of the indictment or on a sheet of paper annexed 
thereto.  
209.   Objection cured by verdict  
No judgement shall be stayed or reversed on the ground of any objection which, if 
stated after the indictment was read over to the ac cused or during the progress of the trial, 
might have been amended by the court, nor for any informality in swearing the witnesses 
or any of them.  210.   Time for raising objections  
(1)  The proper time for making objections at a trial on the grounds of im proper 
admission or rejection of evidence, or any irregularity or informality in the proceedings 
(other than defects in the indictment) shall be as follows — 
 (a) if the objection is to admission or rejection of evidence, at the time of such 
admission or re jection;  
 (b) if the irregularity or informality occurs before verdict, objection shall be 
made before verdict;  
 (c) if the irregularity or informality occurs in the giving of the verdict, or at any 
time before sentence is pronounced, the objection shall b e made before 
sentence is pronounced,  
and the court shall, so far as possible, correct any irregularity or informality which occurs 
in the proceedings and may direct the trial to be recommenced, for this purpose, at any 
stage before the verdict is given.  
(2)  Nothing in this section shall be construed as being in derogation of any powers 
conferred upon the Court of Appeal to entertain any appeal in the exercise of its criminal 
jurisdiction.  
211.   Minute of proceedings in trial before High Court  
(1)  The Re gistrar shall cause to be preserved all indictments and all depositions filed 
with or transmitted to him, and he shall keep a book, to be called the Crown Book and 
such a book shall be the property of the court and shall be deemed a record thereof.  
(2)  In the Crown Book the Registrar shall enter the name of the judge and a 
mem orandum of the substance of all proceedings at every trial and of the result of every 
trial:  
Provided that nothing herein contained shall dispense with the taking of notes by the 
judge presiding at the trial.  
(3)  Any erroneous or defective entry in the Crown Book may at any time be amended 
by the judge in accordance with the facts. Any such amendment shall be signed and dated 
by the judge.  
(4)  The indictment, the plea or pleas theret o, the verdict and the judgement or 
sentence of the court shall form and constitute the record of the proceedings in each case 
and shall be kept and preserved in the office of the court as of record.  
CHAPTER XI  
Appeals from a Magistrate’s Court  
212.   Appe al from decision of a magistrate’s court  
(1)  Save as hereafter in this Code provided, any person who is dissatisfied with any 
judgement, sentence or order of a magistrate’s court in any criminal cause or matter to 
which he is a party may appeal to the Cou rt of Appeal against such judgement, sentence 
or order, whether by motion on matters of law or fact (or both) or by way of case stated 
on a point of law only as hereafter provided, and the Court of Appeal shall have 
jurisdiction to hear and dete rmine any s uch appeal in accordance with the provisions of 
this Chapter.  
[Subsection (1) amended by Act No. 13 of 2007.]  
(2)  For the purposes of any appeal, the Director of Public Prosecutions shall be 
deemed to be a party to any criminal cause or matter other than those in which the proceedings were instituted and carried on as a private prosecution and in which the 
conduct of such pr oceedings has not been taken over by the Director of Public 
Prosecutions.  
212A.    Appeal from decision of a magistrate’s court  
(1)  A complainant may, in accordance with subsection (2), appeal to the Court of 
Appeal against any judgement, sentence or order of a magistrate’s court.  
(2)  An appeal under subsection (1) may be by way of motion on matters of law or fact 
(or both) or by way of  case stated on a point of law only as hereinafter provided.  
(3)  The provisions of this Chapter relating to appeals from a magistrate’s court shall, 
with such modifications as may be applicable and necessary, apply to the procedure and 
other matters in an  appeal by the complainant in the same manner as it applies to an 
appeal by any other person.  
[Section 212A inserted by Act No. 13 of 2007.]  
213.   Magistrate to inform accused of right of appeal  
(1)  When any person is convicted by a magistrate’s court, t he magistrate shall i nform 
him, at the time when the sentence is passed, of his right of appeal and the steps which 
must be taken by a party wishing to appeal. A note shall be made at the time by the 
magistrate that such information has been given by him t o such person, and such note 
shall be conclusive as to the provisions of this section having been complied with.  
(2)  Upon being so informed, the convicted person may then and there give oral notice 
of his intention to appeal, and such notice shall be reco rded by the magistrate and by the 
prosecutor.  
(3)  An appellant who has not given notice of appeal under subsection (2), or who has 
given notice under that subsection but has not at the same time stated the general grounds 
of his appeal, within twenty -one days after the day upon which the decision was given 
from which the appeal is made, shall serve a notice in writing, signed by the appe llant or 
his counsel, on the other party and on the magistrate’s court, stating his intention to 
appeal and of the genera l grounds of his appeal.  
(4)  Notwithstanding anything contained in subsection (2) or (3), any person a ggrieved 
by the decision of a magistrate’s court may, upon notice to the other party, apply to the 
Court of Appeal for leave to extend the time prescribe d within which such notice of 
appeal r eferred to in this section may be served. The court upon hearing such application 
may e xtend such time as it deems fit, and may do so either before or after the expiration 
of the time so prescribed.  
214.   Limitations on right of appeal  
No appeal shall be allowed in a case in which the accused has pleaded guilty and has 
been convicted by a magistrate’s court on such plea, except as to the extent or legality of 
the sentence, unless the plea is alleged to have been equivo cal or not voluntary.  
215.   Appeal to operate as a stay  
(1)  An appeal shall have the effect of suspending the execution of the decision 
appealed against until the appeal shall have been determined, and shall be on a motion or 
by sp ecial case stated as he reafter provided.  
(2)  Notwithstanding the provisions of subsection (1) — 
 (a) where the decision involves a sentence of imprisonment, the filing of an 
appeal shall not require that the convicted person be released from custody 
except in accordance with the  provisions of section 218; and   (b) where the decision involves the cancellation or suspension of any licence to 
drive a motor vehicle, such licence shall be deemed to be cancelled or 
suspended until the determination of the appeal unless any court shall direct 
otherwise upon application made by the appellant.  
216.   Recognisance to be taken  
The appellant shall, within seven days after the day on which he served notice of his 
intention to appeal, enter into a recognisance before a magistrate, with or witho ut sureties as 
the magistrate may direct, conditioned to prosecute the appeal to judgement thereon of the 
court, and to pay such costs as may be awarded by it. If the magistrate thinks it exp edient, 
the appellant may instead of entering into recognisances give such other security by deposit 
of money with the magistrate’s court or otherwise as the magistrate deems suff icient:  
Provided that if the complainant is acting on behalf of the Crown, the Director of 
Public Prosecutions, the Commissioner of Police or any department of the Government or 
is a public officer acting in his official capacity, he shall not be required to be bound by 
any recognisance or to give any security.  
217.   Transmission of appeal papers  
As soon as the appellant has filed the notice of  appeal and has complied with any 
requirements of section 215, the magistrate’s court shall without delay transmit to the 
Court of Appeal a copy of the conviction, order or judgement and all papers relating to 
the appeal. If the appellant is represented by  counsel, such counsel shall lodge with the 
Registrar and serve upon the respondent, not less than twenty -one days before the date 
appointed for the hearing of the appeal, a notice containing particulars of matters of law 
or fact in regard to which the mag istrate’s court is alleged to have erred.  
218.   Admission of appellant to bail  
(1)  Subject to the provisions of sections 43, 44, 45, 46, 47, 48, 49, 50 and 51, where 
the appellant is in custody, a judge or the magistrate’s court may, if in the circumstan ces 
of the case he or it thinks fit, order that he be released on bail, with or without sureties, 
pending the determination of the a ppeal:  
Provided that if the appeal is abandoned or withdrawn or is dismissed, any such order 
for bail shall forthwith be can celled.  
(2)  Where the appellant is released on bail or the sentence is suspended pending an 
appeal, any time during which he is at large after being so released or during which the 
sentence has been suspended shall be excluded in computing the term of any  sentence to 
which he is subject:  
Provided that, in the case of an appellant whose sentence is suspended but who is not 
released from custody, the court hearing the appeal, in its discretion, may order that the 
time so spent in custody, or any part thereof , awaiting the hearing of the appeal, may be 
included in computing the terms of the sentence.  
(3)  An appellant whose sentence is suspended but who is not admitted to bail shall 
during the period in custody during such suspension be treated in the same man ner as a 
prisoner awaiting trial.  
219.   Case stated  
In all cases of appeal by way of case stated, the appellant shall, within the times and in 
the manner and form hereinbefore prescribed, serve a notice of appeal and enter into 
recognisances. The appellan t shall, within seven days after the day on which the 
magi strate’s court gave the decision from which the appeal is made, apply to such court 
to state a sp ecial case for the purpose of the appeal, setting forth the facts of the case and the grounds on whic h the proceeding is questioned and the grounds of the court’s 
decision.  
220.   Remedy if case stated refused  
A magistrate may refuse to state a case if he considers the matter is frivolous, and 
shall on request deliver to the appellant a certificate of ref usal, and thereupon the 
appe llant may apply to the Court of Appeal for an order requiring the case to be stated:  
Provided that a magistrate shall not refuse to state a case where the application for 
that purpose is made to him by, or under the direction of , the Director of Public 
Prosec utions.  
221.   Duty of magistrate’s court as to case stated  
(1)  A magistrate, upon receiving the application of the appellant or an order of the 
Court of Appeal in that behalf, as the case may be, shall, subject to section 2 20 draw up 
the special case, concisely setting forth such facts and documents, if any, as may be 
necessary to enable the Court to decide the question raised in the case. Thereafter the 
magi strate shall forthwith transmit the same together with a copy of th e conviction, order 
or judgement appealed from and all documents alluded to in the special case to the 
Registrar who, on application of either party, shall supply such applicant with a copy of 
the case stated on payment for the same of any prescribed charg e. 
(2)  A case stated under the provisions of this section, in addition to any other matter 
which appears to the magistrate to be relevant, shall set out — 
 (a) the charge, summons, or complaint in respect of which the proceedings 
arose;  
 (b) the facts foun d by the magistrate’s court to be admitted or proved;  
 (c) any submission of law made by or on behalf of the complainant during the 
trial or inquiry;  
 (d) any submission of law made by or on behalf of the a ccused during the trial 
or inquiry;  
 (e) the findi ng and, in the case of conviction, the sentence of the magistrate’s 
court;  
 (f) any question of law, the magistrate or any of the parties desires to be 
submitted for the opinion of the Court of Appeal; and  
 (g) any question of law which the Director of Pub lic Prosecutions may require 
to be su bmitted for the opinion of the Court of Appeal.  
222.   Appellant entitled to copies of evidence; setting down for argument  
(1)  On an appeal by motion, the appellant, on serving notice on the magistrate’s court 
of his i ntention to appeal and on entering into recognisances as aforesaid, shall be entitled 
to receive with all convenient speed a copy of the evidence taken by the court in the case 
and also a copy of the conviction, order or judgement made or given.  
(2)  Wheth er an appeal be by way of motion or case stated, the Court of Appeal shall 
set the appeal down for argument on such day as it may direct, and shall cause notice of 
the same to be pu blished in such manner as the court may direct:  
Provided that, except when otherwise agreed by the parties, not less than seven days 
notice shall be given by the court of the date appointed for the hearing of an appeal.  
223.   Appeal not a re -hearing unless the court so directs  On an appeal by motion, unless the court considers t he justice of the case requires a 
re-hearing, the appellant shall begin, and unless he satisfies the court that it is necessary 
to call on the respondent, the conviction, order or judgement shall be confirmed:  
Provided that, if the court directs a re -heari ng, the respondent if the issue is with him, 
shall begin and prove his case, and the court may, if the justice of the case requires it, 
adjourn the hearing to some convenient day.  
224.   Procedure on hearing of appeal on motion  
At the hearing of an appeal by motion, the appellant shall, before going into the case, 
state all the grounds of appeal on which he intends to rely, and shall not, unless by leave 
of the court, go into any matters not raised by such statement, nor shall he be ent itled to 
examine any witnesses not examined at the hearing of the case before the magi strate’s 
court unless he has given to the respondent three clear days’ notice in writing of the 
names and addresses of such witnesses and of the substance of the evidence they will give 
and u nless he has subsequently obtained the leave of the court to the examination thereof.  
225.   Court on hearing an appeal on motion to decide on facts as well as law  
On an appeal by motion, the court may draw inferences of fact from the evidence 
given before  the magistrate’s court, and, subject to the due notice having been given as 
herei nbefore mentioned, may hear any further evidence tendered by the appellant, and 
may take and admit if it thinks fit, any further evidence tendered in reply and also such 
other evidence as it may require, and it may decide the appeal with reference both to 
matters of fact and to matters of law.  
226.   Appeal by special case, court confined to facts and evidence stated therein  
On appeal by special case, the court shall entertain  such appeal on the ground only that 
the decision of the magistrate’s court was erroneous in point of law, or in excess of 
jurisdiction and only upon the facts stated and the evidence mentioned in the special case. 
The court may remit the case to the magis trate’s court for amendment or re -statement if 
necessary, or for re -hearing and determination in accordance with such directions as may 
be deemed necessary.  
227.   Powers on hearing appeals  
The court may adjourn the hearing of the appeal, and may upon the hearing thereof 
confirm, reverse, vary or modify the decision of the magistrate’s court or remit the matter 
with the opinion of the court thereon to the magistrate’s court, or may make such order in 
the matter as it may think just, and may by such order ex ercise any power which the 
magistrate’s court might have exercised, and such order shall have the same effect and 
may be enforced in the same manner as if it had been made by the magistrate’s court.  
228.   Costs on appeal  
The court hearing any appeal may m ake such order as to the costs to be paid by e ither 
party as it may think just:  
Provided that no magistrate shall be liable to any costs in respect of any appeal against 
his decision.  
229.   Where appeal is abandoned court may give respondent his costs  
Whe re an appeal is abandoned or withdrawn the court, on proof of notice of appeal 
having been given to the respondent, may make an order that the respondent shall receive 
such costs as the court may allow.  230.   No appeal on point of form or matter of varian ce 
No judgement shall be given in favour of the appellant if the appeal is based on an 
objection to any charge, complaint, summons or warrant for any alleged defect therein in 
matters of substance or for any variance between such charge, complaint, summons  or 
warrant and the evidence adduced in support thereof, unless it be proved that such 
objection was raised before the magistrate’s court.  
231.   Court may decide on merits notwithstanding any defect in form  
In any appeal, the court may hear and determine the case upon the merits, 
notwit hstanding any defect in form or otherwise in the conviction, order or judgement, 
and if the appellant is found guilty the conviction, order or judgement shall be confirmed 
and, if ne cessary, amended.  
232.   Defect in order o r warrant or commitment not rendered void  
No conviction or order shall for want of form be quashed or removed by certiorari  
into the High Court or the Court of Appeal, and no warrant or commitment shall be held 
void by reason of any defect therein, if it b e therein alleged that the party has been 
convicted or ordered to do or abstain from doing any act or thing required to be done or 
left undone, and there be a good and valid conviction or order to sustain the same.  
233.   Where conviction confirmed, warran t may be issued as though no appeal has 
been made  
(1)  Whenever the decision of a magistrate’s court is confirmed on appeal, the 
Regi strar shall inform the magistrate’s court of such confirmation, and thereupon the 
magi strate’s court may issue a warrant of  distress or commitment, or writ of execution, as 
the case may be, for enforcing such decision in the same manner as though no appeal had 
been brought.  
(2)  Whenever the decision is not confirmed, the Registrar shall send to the 
magi strate’s court, for ent ry in the register of that court and shall also endorse on the 
convi ction, order or judgement appealed against, a memorandum of the decision of the 
Court of Appeal. Whenever any copy or certificate of such conviction, judgement or 
order is made, a copy of such memorandum shall be added thereto, and shall be sufficient 
evidence of the decision on appeal in every case where such copy of certificate would be 
sufficient evidence of such conviction, order or judgement.  
CHAPTER XII  
Miscellaneous  
234.   Power to i ssue directions of the nature of habeas corpus  
The High Court may whenever it thinks fit direct — 
 (a) that any person within the limits of Saint Vincent and the Grenadines be 
brought before it to be dealt with according to law;  
 (b) that any person ill egally or improperly detained in public or private custody 
within such limits be set at liberty.  
235.   Power to issue writs  
The High Court may, in the exercise of its criminal jurisdiction, issue any writ which 
may be issued by the High Court of Justice in En gland.  236.   Rules for sections 234 and 235  
Without prejudice to the generality of section 240, rules may be made under 
section 17 of the Court Order for the purpose of regulating and providing for the 
procedure in cases under sections 234 and 235.  
237.   Code not to affect powers conferred by other Acts  
Nothing in this Code shall be construed to affect or limit the powers conferred upon 
any court by the Probation of Offenders Act, or the Juveniles Act.  
[Chapter 179, Chapter 231.]  
238.   Seizure of propert y obtained by offence  
(1)  Any court may order the seizure of any property which there is reason to believe 
has been obtained by, or is the proceeds or part of the proceeds of, any offence, or into 
which the proceeds of any offence have been converted. In such case the court may direct 
that the same shall be kept or sold and that the same, or the proceeds thereof if sold, shall 
be held as such court directs until some person establishes a right thereto to the 
satisfa ction of such court. If no person establi shes such a right within twenty -four months 
from the date of such seizure, the property or the proceeds thereof, shall vest in the 
Accoun tant-General and shall be paid into the Consolidated Fund.  
(2)  Any court may order the seizure of any books, documents , instruments, materials, 
or things which there is reason to b elieve are provided, or prepared or being prepared, 
with a view to the commission of any offence and may direct them to be held and dealt 
with in the same manner as property seized under subsect ion (1).  
(3)  Any order made under this section may be enforced by means of a search warrant 
which, upon being satisfied by evidence on oath that there is reasonable cause for the 
issue of such warrant, any such court is hereby authorised to issue for the purpose.  
239.   Copies of proceedings  
(1)  If any person affected by any order made or judgement passed in any proceedings 
under this Code desires to have a copy of such order or judgement, or of any deposition 
or other part of the record in any such proce edings, he shall, upon making application for 
such copy, be furnished therewith, provided he pays for the same according to such scale 
as may be prescribed, unless in any particular case the court directs that it be furnished 
free of cost.  
(2)  Nothing in subsection (1) shall affect the provisions of sections 110 and 153 
giving entitlement to judgements and depositions free of charge.  
240.   Rules and forms  
(1)  The power conferred on the Chief Justice and any two judges of the Supreme 
Court to make rules o f court, under section 17 of the Court Order, shall be deemed to 
extend to permit the making of rules prescribing anything required to be prescribed under 
the pr ovisions of this Code, other than section 79(6), and generally for the carrying into 
effect of the provisions of this Code.  
(2)  The power to make rules shall include the power to prescribe forms.  
(3)  The forms set out in the Second Schedule shall be used, with such changes as may 
be necessary for the purposes of any case, for the purposes to which  they are appl icable.  
(4)  Any forms in force and applicable to criminal proceedings immediately before the 
coming into force of this Code shall, in so far as they relate to purposes not provided for 
in the Second Schedule, with such additions and variatio ns, if any, as this Code may 
require, continue to be used.  (5)  Any form which has been issued under the hand of a judicial officer or a court 
before the coming into force of this Code shall continue to be in full force and effect, 
notwithstanding that suc h form does not correspond with a form in the Second Schedule.  
(6)  Rules made under section 17 of the Court Order may amend, revoke or add to the 
forms set out in the Schedule.  
(7)  All fees, costs and charges in force under any written law repealed by th is Code 
shall remain in force unless and until they are revoked.  
(8)  For the purpose of this section, “form”  includes any summons, warrant, bail, bail 
bond and any other document whatsoever relating to or concerned with criminal practice 
or procedure.  
241.   Saving  
Notwithstanding any repeal or amendment effected by section 241(1) or (2) of the 
Criminal Procedure Code, 1988, to the laws specified in the Fourth Schedule to that 
Code, where any criminal proceedings continue to be governed by reason of sectio n 243 
of this Code by a law so repealed or amended, such law shall, for the purpose of those 
proceedings, be deemed to be still in force or unamended, as the case may be, as it was 
immediately before the 30th October, 1989, and any order made, direction gi ven, security 
taken or other matter whatever may be enforced under the provisions of such law.  
242.   Power of Director of Public Prosecutions  
Where in any law it is provided that certain named officers may institute criminal 
proceedings but the Director o f Public Prosecutions is not named therein, the Director of 
Public Prosecutions shall nevertheless be entitled to institute criminal proceedings under 
that law.  
243.   Application  
(1)  The provisions of this Code, other than this section, shall not apply t o any crim inal 
proceedings which have commenced and are in being immediately before the coming into 
force of this Code and such proceedings shall continue to be governed by the law in force 
immediately before such date.  
(2)  For the purposes of subsection (1), criminal pr oceedings shall be deemed — 
 (a) to have commenced when a magistrate’s court has begun to try a case 
summ arily by taking a plea therein or has begun to take depositions in a 
preliminary i nquiry; and  
 (b) to be in being — 
 (i) in the case of a  summary trial, until any appeal in respect thereof has 
been determined and whether or not notice of such appeal was given 
before or after the coming into force of this Code, and  
 (ii) in the case of proceedings by way of preliminary inquiry, until after 
any trial on i ndictment has been concluded, or any person committed 
for se ntence has been sentenced, and whether or not the accused has 
been committed for trial or sentence before or after the coming into 
force of this Code.  
(3)  Any summons, warrant, compl aint or other process which has been issued, or any 
security given or recognisance entered into before the coming into force of this Code in 
respect of criminal proceedings to which this Code applies shall be valid and continue to 
be in force and may be en forced under the provisions of this Code for the purpose of 
those proceedings.  (4)  Notwithstanding anything contained in this Code and in particular subsection (1) 
of this section, sections 9 to 16 shall not apply in respect of any offence committed befor e 
the 30th October, 1989, and the provisions in force immediately before the 30th October, 
1989, shall apply to the mode of trial of such offences.  
244.   Removal of difficulties  
If any difficulty shall arise in bringing into operation any of the provision s of this 
Code, or in respect of the transition to the procedure provided by this Code from the 
procedure in relation to criminal proceedings in force immediately before the date of 
commenc ement of this Code, a judge may issue directions, either generally or in respect 
of any pa rticular case or class of cases, as to the procedure to be followed, as may seem to 
him to be necessary for removing any such difficulty.  
 
First Schedule  
[Section 9.]  
Offences which are triable both summarily and on indictment  
1.   Any offence punishable with not more than two years impriso nment.  
2.   Offences against the following sections of the Criminal Code —sections 53(2), 
(10) and (11), 75, 83( b), 107, 109, 110, 112, 125(1), 127( a), 174, 178, 184, 185, 193, 197, 
199, 217, 228, 23 7, 268 and 269.  
[Paragraph 2 amended by Act No. 62 of 1992 and by Act No. 36 of 2004.]  
3.   Offences against the following sections of the Criminal Code —sections 215, 219, 
223, 224, 225, 226, 233 and 267 (other than destroying or damaging property by fire) ; 
provided that an accused has no right to elect a trial on indictment where the value 
involved, measured in accordance with the provisions hereunder, is less than three 
thousand do llars. 
[Paragraph 3 amended by Act No. 62 of 1992.]  
4.   (a)  Aiding, abett ing, counselling or procuring the commission of any offence 
mentioned in paragraph 1, 2 or 3;  
(b)  attempting to commit any offence so mentioned;  
(c)  inciting another to commit any offence so mentioned; and  
(d)  assisting an offender who has committed any  offence so mentioned.  
How value involve to be mea sured 
Offence  Value involved  How measured  
Offences under  
section 267.  As regards property alleged to 
have been destroyed, its value.  What the property would probably have 
cost to buy in the open market at  the 
time of the offence — 
 As regards property alleged to 
have been damaged, the value 
of the alleged da mage.  (a) if immediately after the time of 
commission to the offence the 
damage was capable of r epair— 
   (i) what would probably then 
have been the market price for 
the repair of the da mage, or  
   (ii) what the property alleged to 
have been damaged would 
probably have cost to buy in 
the open market at that time,      whic hever is the less; or  
   (b) if immediately after the commission 
of the offence  the damage was 
beyond repair, what the property 
would probably have cost to buy in 
the open market at that time.  
Under all sections 
specified in 
paragraph 3 other 
than section 267.  The value of the property 
stolen, removed, obtained or 
handled. The liabi lity evaded 
or the services or advantage 
obtained.  What the property would probably have 
cost to buy in the open market at the 
time of the offence, the value of the 
liability, service or advantage in the 
open market at that time.  
For the purposes of deci ding whether in an offence under paragraph 4 there is a right of election, 
the value involved of the offence aided, abetted, etc., shall be calculated in acco rdance with the 
provisions above.  
 
Second Schedule  
[Section 240.]  
Forms under the Criminal Procedu re Code  
FORM I  
[Section 52 of the Criminal Procedure Code (Chapter 172).]  
Summons to Enter into Bond to Keep the Peace or be of Good Behaviour  
In the  ................................ ...........................   Magistrate’s Court  
To  ................................ ..................   of  ................................ ................................ ..............................   
Whereas it has been made to appear to me by credible information that yo u are likely to commit 
a breach of the peace, or disturb that public tranquillity (or injure C.D.), you are hereby required 
to attend in person before me, the undersigned magistrate of this court on the .......... day of 
....................., 20.......... , at .......... a.m./p.m. in the .......... noon to show cause why you should not 
be required to enter into a bond to keep the peace or be of good behaviour.  
Given under my hand and the stamp of the court this .......... day of ...................., 20... ....... 
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 Copy of order to accompany summons or wa rrant 
(section 53 of the Criminal Procedure Code)  
That  ................................ ..........................   of  ................................ ............................    has threatened  
to and is likely to injure  ................................ .................  ; 
 (a) The substance of the information r eceived.  
 (b) The amount of the  bond to be ex ecuted.  
   ................................ ................................ ................................ ................................ ...  
 (c) The term for which it is to be in force.  
 (d) The number, character and class of sureties if any, required.  
 ................................ ................................ .....  sureties, each in  ................................ ...........................   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM II  
[Section 61 of the Criminal Procedure Code (Chapter 172). ] Bond to Keep the Peace or to be of Good Behaviour  
Whereas I,  ................................ ................................ .....................   have been called upon to enter  
into a bond in the amount of $  ................................ .... to keep the peace (or to be of good behaviour  
towards  ................................ ..........  ) for the period of  ................................ ....... from the exec ution 
of these presents.  
I hereb y bind myself as aforesaid and in the event of making default agree to forfeit to Her 
Majesty the Queen the said sum.  
This  ................................ ........................   day of  ................................ ..........  , 20 ............   
 
 ................................ ................................ .............   
 Signature  
(Where sureties are required, add)  
We hereby bind ourselves jointly and severally in the  ............................   to answ er that the above  
named will keep the peace towards  ...................   during the said term.  
First surety  Second surety  
Name  ................................ ...........................    ................................ ................................ .............   
Address  ................................ .......................    ................................ ................................ .............   
Occupation  ................................ ..................    ................................ ................................ .............   
Entered into before me this  ........................   day of  ..........................  , 20 ..........  , at  .....................   
 
 ................................ ................................ ..............  
[Stamp]  Magistrate  
 
FORM III  
[Section 63 of the Crimina l Procedure Code (Chapter 172).]  
Warrant of Commitment on Failure to Find Security to Keep the  
Peace or be of Good Beha viour 
To  ................................ ................................ ................................ ................................ .......................   
Whereas  ................................ ....................   of  ................................ ......................   appeared b efore 
me on the  ................................ ...........   day of  ......................  , 20 .........  , in obedience to a summons  
calling upon him to show cause why he  should not enter into bond for $  ........................   to keep the  
peace (or to be of good behaviour towards  .........................  ). 
And whereas an order was then made requiring the said  ................................   to enter into such a  
bond with (or without) sureties for a period of  ..............................   and he has failed to comply with  
the said order:  
This is to empower and require you the  .....................   to receive the  ....................   together with this  
warrant and him safely keep in custody for the said period of  .....................   and unless and until he  
tenders the said sec urity, in which event you shall forthwith make repo rt of the matter to this 
court; and return this, our warrant, with an endorsement certifying the manner of its execution.  
Given under my hand and the stamp of the court this  .................   day of  .......................  20 ..........   
 
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM IV  
[Section 71 of the Criminal Pro cedure Code (Chapter 172).]  Summons to an Accused Person  
To ................................   of  ..........................   
Whereas Your presence is necessary to answer to a charge of  ................................ .................  you 
are required to appear in person (or by counsel), before the magistrate’s court at  ............................   
in the  .........................   noon. Herein fail not.  
Dated this  ................................ ............................   day of  ................................ .........  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Judge/Magistrate/Registrar  
 
FORM V  
[Section 72 of the Criminal Procedure Code (Chapter 172).]  
Warrant of Arrest  
To all Police Officers  
Whereas  ................................ .........   of  ................................ ...........   is charged with the o ffence of  
 ................................ ............   you are hereby directed to arr est the said  ................................ ..  and to  
Produce him before the magistrate’s court at ................................ .  in exec ution of this your warrant  
and herein fail not.  
Dated this  ................................ ............................   day of  ................................ .........  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Judge/Magistrate/Registrar  
[Section 73 of the Criminal Procedure Code (Chapter 172).]  
This warrant may be endorsed as follows:  
If the said  ................................ ................................ ...............  shall give bail himself in the sum of  
$ ................................ ......  with one sufficient surety in the sum of $  ................................ .....  (or two  
sufficient sureties each in the sum of $  ................................ ................................ ... ), to attend before  
the magistrate’s court at  ................................ ............................   on the  ................................ ............   
day o f , 20........ and to continue so to attend until otherwise directed, he shall be released.  
Dated this  ................................ ..............   day of  ................................ ..........  , 20 ............   
 
 ................................ ................................ .............   
 Judge/Magistrate/Registrar  
 
FORM VI  
[Section 73 of the Criminal Procedure Code (Chapter 172).]  
Bail Bond after Arrest taken by a  Court or by a Police Officer  
I,  ................................ ............  , of  ................................ .............................   being charged with the  
offence of  ................................ ................................ ..................   and being required to appear before  
the magi strate’s court at  ................................ ................................ ................................ ...........   on the  
 ........................   day of  .......................  , 20 ................  , next do hereby bind m yself to attend the said  
court on the date named and to continue so to attend until the trial of my case shall be concluded, 
and should I fail to do so, I bind myself to forfeit to Her Majesty the Queen the sum of $  ................   
 ................................ ................................ ................................ ................................ ............................   
Signature and Address  
Sureties. We jointly and severally declare ourselves and each of us sureties for the appea rance of the said .......... as set out above, and in case of him ma king default therein we hereby bind 
ourselves severally to forfeit to Her Majesty the Queen the sum of $..........  
First surety  Second surety  
Name  ................................ .............................    ................................ ................................ .............   
Address  ................................ .........................    ................................ ................................ .............   
Occupati on  ................................ ....................    ................................ ................................ .............   
Entered into before me this  ................................ .....  day of  ................................ .........  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM VII  
[Section 41 of the Criminal Procedure Code (Chapter 172).]  
Search Warrant  
To  ................................ ................................ ................................ ................................ .......................   
Whereas it has been made to appear to me that the following article (namely, etc.)  ......................   
 ................................ ................................ ............   by/in respect of/which is nece ssary to the conduct  
of an investigation into the offence of  ................................ ..................  (or which is intended for use  
without lawful excuse to destroy or damage property) is in  ................................ ..............................   
(here d escribe the place in which the article is deemed to be):  
 ................................ ................................ ................................ ................................ ............................   
This is to authorise and require you to enter upon and search the aforesaid place, and if found to 
seize the said article and carry it before a court to be dealt with according to law.  
You are further authorised to execute this search warrant at any hour.  
Given under my hand and the stamp of the court this  .....................   day of  ...................  , 20 ........   
 
 
 ................................ ................................ ................   
[Stamp]  Judge/Magistrate/Registrar  
 
FORM VIII  
[Section 49 of the Criminal Procedure Code (Chapter 172).]  
Summons re Forfeited Recognisance  
To  ................................ ................................ ................................ ................................ .......................   
Whereas it has been proved to the sa tisfaction of the court that the bond entered into by you in 
the amount of $  ................................ ...  on the  ................................ ..  day of  ................................ .... , 
20 ..........  , has been forefeited by reason of  ................................ ................................ .......................   
You are hereby required to pay the said amount of $  ................................ .  or to appear before this  
court on the  ...................   day of  ..................  , 20..........,  next at  ................................ ...  a.m./p.m. to  
show cause why the said sum of $  ....................   should not be paid.  
Given under my hand and the stamp of the court this  ..................   day of  ................  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Registrar/Magistrate  
 
FORM IX  [Section 49 of the Criminal Procedure Code (Chapter 172).]  
Warra nt of Distress to Enforce a Bond  
To  ................................ ................................ ................................ ................................ .......................   
Whereas  ................................ ..............................   has failed to appear pursuant to his bond in that  
behalf and has by such default forfeited to Her Majesty the Queen the sum of $ ...............................   
secured by the said bond:  
This is to authorise and require you to attach a ny movable or immovable property of the said  
 ................................ ................................ ................................ ................................ ............................   
 .....................   that you may find within Saint Vincent and the Grenadines by seizure and detention,  
and, if the said amount be not paid within  ................................ .......  days hereof to sell the property  
so attached or so much thereof as may be s ufficient to realise the amount aforesaid by public 
auction, and forthwith to return this warrant with an endorsement certifying the manner of its 
execution.  
Given under my hand and the stamp of the court this  ..................   day of  ................  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FOR M X 
[Section 93 of the Criminal Procedure Code (Chapter 172).]  
Summons to a Witness  
To  ................................ ................................ ................................ ................................ .......................   
Whereas complaint has been made before me that  ................................ ....  of  ................................ ..  
has committed the offence of  ................................ ................................ ................................ .............   
You are hereby summoned to appear before the High Court/magistrate’s court at  ........................   
 .............................   a.m./p.m.  ................   to testify what you know concerning the matter of the said  
complaint and so on from day to day until the trial be concluded.  
Given under my hand and the stamp of the court this  ..................   day of  ................  , 20 ..............   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XI  
[Section 14 2 of the Criminal Procedure Code (Chapter 172).]  
Deposition  
Deposition of  ................................ ................................ ................................ ................................ ..  
of  ................................ ................................ ................................ ................................ ....  taken on the  
 ................................ ......  day of  ............................  , 20.........., before me the undersigned magistrate  
in the presence of the accused charged as set forth in the annexed information.  
The said depone nt, makes oath/affirmation and says as follows in the  ..........................   language:  
My name is  ................................ ................................ ................................ ................................ ........   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................    ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
Read over to the dep onent and signed by him/her.  
 ................................ ................................ .........    ................................ ................................ .............   
Signature of Deponent  Signature of Magistrate  
I certify that the above deposition was taken in the  presence of the accused and that the accused 
or his advocate had full opportunity to cross -examine the deponent.  
  ................................ ................................ .............   
[Stamp]  Signature of Magistrate  
 
FORM XII  
[Section 146 of the Criminal Procedure Code (Chapter 172).]  
Caution to the Accused before Comm ittal for Trial, and Evidence, if any  
The charge against you is ( a) ................................ ................................ ................................ ..........   
I inform you that this is not your trial. You will be tried later in another court and before another 
judge, where all the witnesses you have heard here will be produced and you will be  allowed to 
question them. You will then be able to give evidence on oath and to call any witnesses on your 
behalf. Unless you wish to reserve your defence, which you are at liberty to do, you may now 
give evidence on oath, and you may call witnesses on yo ur own behalf. If you give evidence on 
oath, you will be liable to cross -examination. An ything you may say will be taken down and may 
be used in evidence at your trial. And I give you clearly to understand that you have nothing to 
hope from any promise of favour, and nothing to fear from any threat which may have been held 
out to induce you to make any admission or confession of your guilt. But that whatever you shall 
now say may be given in evidence at your trial, notwithstanding such promise or threat.  
The accused in reply states or electing to be sworn, is duly sworn and states:  
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
I read over the above to the accused who agrees that it is correct and that he has nothing to add to 
it and I certify that the above evidence was taken in my pres ence and hearing and contains 
accurately the whole evidence given by the accused.  
  ................................ ................................ .............   
 Signature or Mark of Accused  
 ................................ ................................ ................................ ................................ ............................   
Signature of Magistrate and Date  
I ask the accused whether he desires to call any witnesses.  
He replies: ( b) 
 ................................ ................................ ................................ ................................ ............................   
(a) The magistrate reads and explains the charge in simple language.  
(b) The depositions of the accused’s witnesses are not to be taken on this sheet, only his answers 
to the question.  
 FORM XIII  
[Section 95 of the Criminal Procedure Code (Chapter 172).]  
Warrant to Compel  Attendance of a Witness  
To all Police Officers  
Whereas complaint has been made that  ................................ ....  of  ........................   has committed  
the offence of  ..............................   and it has been made to appear that  ................................ ............   
of  ...........................   can give evidence concerning the said offence:  
And whereas the court is satisfied on o ath that the said  ...............................   will not of his/her own  
accord attend as witness on the hearing of the said complaint.  
This is to authorise you to arrest the said  ................................ .........   and bring him/her before the  
magi strate’s court at  ................................ .....  on the  .......................   day of  ................................ .... , 
20 ...............  , next to be examined to uching the offence co mplained of.  
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XIV  
[Sections 145 and 187 of the Criminal Procedure Code (Chapter 172).]  
Commitment on Adjournment or Remand  
To  ................................ ................................ ................................ ................................ .......................   
Whereas   ................................ ................................ ...................   stands charged with the offence of  
 ................................ ................................ .........   these presents are to command you to lodge the said  
 ................................ ..........   in the prison at  ............................  and him safely there to keep until the  
 ................................ ....................   day of  ........................... , 20.........., next when you shall bring the  
said  ................................ . before the court at  ................................ .  a.m./p.m.  
Given  under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
[Stamp]   ................................ ................................ .............   
 Registrar/Magistrate  
Further remands  
Date  Remanded to  Signature of Magistrate  
 ...............................    ................................ ...............    ................................ ...........................   
 ...............................    ................................ ...............    ................................ ...........................   
 
FORM XV  
[Section 150 of the Criminal Procedure Code (Chapter 172).]  
Committal for Tr ial 
To  ................................ ................................ ................................ ................................ .......................   
These are to command you to lodge  ................................ ...........   who is accused of the o ffence of  
 ................................ ..........   in the prison at  ................................ ..........   and keep him safely there to  
until his trial on  ................................ .............   and when you shall bring him before the High Court.  
Given under my hand and the stamp of the court thi s  .....................   day of  .................  , 20 ..........     ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XVI  
[Section 151 of the Criminal Procedure Code (Chapter 172).]  
Bond to Give Evidence  
I,  ................................ ...............  , of  ................................ ..........................   do hereby bind m yself 
to attend the High Court to give evidence in the matter of a charge of ................................ ..............   
against one  ................................ ................................ .  and, in case of making default therein, I bind  
myself to forfeit to Her Majesty the Queen the sum of $ ................   
Dated this  ................................ ..............   day of  ................................ ..........  , 20 ............   
  ................................ ................................ .............   
 
Complainant or Witness  
  ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XVII  
[Section 154 of the Criminal Procedure Code (Chapter 172) .] 
Bond to give Evidence Conditionally  
I,  ................................ ........... , of  ................................ ................................ ...........   do hereby bind  
myself to attend the High Court, conditionally upon notice being given to me, to give evidence in 
the matter of a charge of  ................................ ................................ ................................ ....................   
against one  ................................ ................................ ...  and in case of making default herein, I bind  
myself to fo rfeit to Her Majesty the Queen the sum of $ ................   
Dated this  ................................ ..............   day of  ................................ ..........  , 20 ............   
 
  ................................ ................................ .............   
 
Complainant or Witness  
  ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XVIII  
[Section 207.]  
Warrant of Commitment of Person Sentenced to Death  
To  ................................ ................................ ................................ ................................ .......................   
Whereas  ................................ ................................ ...  of  ................................ ........   was on this day  
convicted before this court of the offence of  ................................ .......................   contrary to section  
 ................................ ................................ ..  of the Criminal Code and was sentenced to suffer death:  That is to authorise and require you, the said  ................................ ....................   to receive the said  
 ................................ .................   into your custody together with this warrant and to keep h im safely  
until you shall receive the further order of the Governor -General.  
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
  ................................ ................................ ..............  
 Judge  
 
FORM XIX  
[Section 113 of the Criminal Procedure Code (Chapter 172).]  
Warrant of Commitment  
To  ................................ ................................ ................................ ................................ .......................   
Whereas  ................................ ................................ ...  of  .......................   was on this day co nvicted  
before this court of the offence  ................................ ................................ ............   and was sentenced  
to  ................................ ................................ ................................ ................................ ........................   
You are hereby required to receive the said  ................................ .........   into your custody together  
with this warrant and to carry the aforesaid sentence into execution accordin g to law.  
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XX  
[Section 26.]  
Warrant to Levy a Fine by Distress and Sale  
To  ................................ ................................ ................................ ................................ .......................   
Whereas  ................................ ............................  was on the  ................................ ................   day of  
 ................................ ...........  , 20 .........  , convicted before me of the offence of  ............................   and 
sentenced to pay a fine of $  ................................ ..  
And whereas the said  ................................ ....................   has not paid the same or any part thereof:  
This is to authorise and require you to make distress by seizure of any movable or i mmovable 
property belonging to the said .................... which ma y be found within Saint Vi ncent and the 
Grenadines .................... and, if within .......... days of such distress the said sum be not paid, to 
sell by public auction the property distrained, or so much thereof as shall be sufficient to satisfy 
the sa id fine and thereupon return this warrant with an endorsement certif ying the manner of its 
execution.  
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
 
 ................................ ................................ .............   
[Stamp]  Registrar/Magistrate  
 
FORM XXI  
[Section 94.]  
Warrant to Bring up a Witn ess who has Refused to Attend in Pursuance of a Summons  To  ................................ ................................ ................................ ................................ .......................   
To all Police Officers  
Whereas by a statement on oath of  ................................ ................................ .......  it appears to me  
 ................................ .  magistrate, that there is reason to believe that  ................................ ................   
is a material witness to prove a  ................................ ......  lately committed:  
And wher eas the said  ................................ .............   having been duly summoned to give evidence  
touching the same, has neglected to appear in pursuance of the said summons:  
These are therefore, in Her Majesty’s Name, to command you to bring before me, the said 
magistrate, ................... . at .................... at .......... a.m./p.m. on the .......... day of ...................., 
20.........., the body of the said .................... so that he may then and there give evidence touching 
the ....................  
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
 
 ................................ ................................ .............   
[Stamp]  Magistrate  
 
FORM XXIII  
[Section 26 of the Criminal Code (Cap 124).]  
Warrant of Commitment for Non Payment of Fine, Costs or Compensation  
To  ................................ ................................ ................................ ................................ .......................   
and  ................................ ................................ ................................ ................................ .....................   
Whereas on the  ....................   day of  .......................  , 20  ..........  ,  ...................   was duly conv icted  
before the High Court/magistrate, of having committed the offence of  ................................ ............    
and was se ntenced to a fine of $  ...................   and further to pay the sum of $  ...................   for costs,  
or in default thereof to be i mprisoned for a period of  ................................ ................................ ........   
Whereas the said  ................................ ................................ ....  has not paid the sa id fine and costs.  
These are therefore, in Her Majesty’s Name, to command you the said  ................................ ........   
to cause the said  ................................ ..............   to be conveyed to the prison there to deliver him to,  
and you, the said  ..............................   are hereby required to r eceive  ................................ ................   
in prison and keep him there for the  said period, unless the said sum be sooner paid or until 
delivered from your custody by due course of law and for so doing this shall be your sufficient 
warrant. 
Given under my hand and the stamp of the court this  .....................   day of  .................  , 20 ..........   
 
 ................................ ................................ .............   
[Stamp]  Registrar/M agistrate  
 
Third Schedule  
[Section 167.]  
Rules for Framing Indictment and Charges  
1.   (1)  Any indictment may be on parchment or durable paper and may be either wri tten 
or printed, or partly written and partly printed.  
(2)  Each sheet on which an indictm ent is set out shall be not more than seventeen and 
not less than thirteen inches in length, and not more than fourteen and not less than eight 
inches in width, and if more than one sheet is required the sheets shall be fastened 
together in book form.  (3)  A proper margin not less than two inches in width shall be left on the left hand 
side of each sheet.  
(4)  Figures and abbreviations may be used in an indictment for expressing an ything 
which is commonly expressed thereby.  
(5)  There shall be endorsed on t he indictment the name of every witness intended to 
be examined by the prosecution.  
(6)  An indictment shall not be open to objection by reason only of any failure to 
comply with this rule.  
2.   The commencement of an indictment shall be in the following f orm:  
SAINT VINCENT AND THE GRENADINES IN THE  
HIGH COURT OF JUSTICE (CRIMINAL)  
THE QUEEN  
v  
A.B. INDICTMENT  
A. B. is charged as follows:  
 ................................ ................................ ................................ ................................ ............................   
Dated the  ................................ ...............................   day of  ................................ ..........  , 20................   
 
 ................................ ................................ .............   
 Director of Public Prosecutions  
3.   (1)  A description of the offence charged i n an indictment or charge or, where more 
than one offence is charged, of each offence so charged shall be set out in a separate 
paragraph called a count.  
(2)  A count shall commence with a statement of the offence charged, called a 
statement of offence.  
(3)  The statement of an offence shall describe the offence shortly in ordinary 
language, avoiding as far as possible the use of technical terms, and without necessarily 
stating all the elements of the offence, and if the offence charged is one created by an y 
written law, shall contain a reference to the section of the written law creating the 
offence.  
(4)  After the statement of the offence, particulars of such offence shall be set out in 
ordinary language, in which the use of technical terms shall not be ne cessary.  
(5)  Where a charge or indictment contains more than one count, the counts shall be 
numbered consecutively.  
4.   (1)  Where a written law constituting an offence states the offence to be the doing or 
the omission to do any one of any different act s in the alternative, or the doing or the 
omission to do any act in any one of any different capacities, or with any one of any 
different intentions, or states any part of the offence in the alternative, the acts, omissions, 
capac ities or intentions or oth er matters stated in the alternative in the written law may be 
stated in the alternative in the count charging the offence.  
(2)  It shall not be necessary, in any count charging a statutory offence, to negative any 
exception or exemption from or qualificat ion to the operation of the written law creating 
the offence.  
5.   (1)  The description of property in a count shall be in ordinary language and such as to 
indicate with reasonable clearness the property referred to, and if the property is so 
described it shall not be necessary (except when required for the purpose of describing an 
offence depending on any special ownership of property or special value of property) to 
name the pe rson to whom the property belongs or the value of the property.  (2)  Where prop erty is vested in more than one person, and the owners of the property 
are referred to in an indictment, it shall be sufficient to describe the property as owned by 
one of those persons by name with others, and if the persons owning the property are a 
body  of persons with a collective name, such as “Inhabitants”, “Trustees”, 
“Commissio ners”, or “Club” or other such name, it shall be sufficient to use the collective 
name without naming any ind ividual.  
6.   The description or destination in an indictment of t he accused or of any other person 
to whom reference is made there, shall be such as is reasonably sufficient to identify him, 
without necessarily stating his correct name, or his abode, style, degree or occupation; 
and if, owing to the name of the person n ot being known, or for any other reason, it is 
impra cticable to give such a description or designation, such description or designation 
shall be given as is reasonably practicable in the circumstances, or such person may be 
described as “a person u nknown”.  
7.   Where it is necessary to refer to any document or instrument, it shall be sufficient to 
describe it by any name or designation by which it is usually known, or by the purport 
thereof, without setting out any copy thereof.  
8.   In a count in respect o f an offence for engraving, or making the whole or any part of 
any instrument, matter or anything whatsoever, or for using or having the unlawful 
possession of any plate or other material upon which the whole or any part of any 
instrument, matter or thing whatsoever, shall have been engraved or made, or for having 
the part of any i nstrument, matter or thing whatsoever, shall have been made or printed, it 
shall be sufficient to describe such instrument, matter or thing by any name or designation 
by which the  same may be us ually known, without setting out any copy or facsimile of 
the whole or any part of such instr ument, matter or thing.  
9.   In a count in which it shall be necessary to make any averment as to any money or 
any currency note, it shall be suffic ient to describe such money or currency note simply 
as money, without specifying any particular coin or bank note; and such allegation so far 
as regards the description of the property shall be sustained by proof of any amount of 
coin, or any bank note, al though the particular species of coin of which such amount was 
composed or the pa rticular nature of the bank note shall not be proved; and in cases of 
obtaining money or pecuniary advantages by deception, be proof that the offender 
obtained any piece of co in, or any bank note, or any portion of the value thereof although 
such piece of coin or bank note, may have been delivered to him in order that some part 
of the value thereof should be returned to the party delivering the same, or to any other 
person and such part shall have been returned accordingly.  
10.   Subject to any other provisions of these Rules, it shall be sufficient to describe any 
place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in 
any charge or indictmen t in ordinary language in such manner as to indicate with 
reasonable clearness the place, time, thing, matter, act or omission referred to.  
11.   It shall not be necessary in stating any intent to defraud, deceive or injure to state an 
intent to defraud, d eceive or injure any particular person where the written law creating 
the offence does not make any intent to defraud, deceive or injure a particular pe rson an 
essential ingredient of the offence.  
12.   Any charge of a previous conviction of an offence sha ll be charged at the end of the 
indictment by means of a statement that the person accused has been previously co nvicted 
of that offence at a certain time and place without stating the particulars of the o ffence:  
Provided that in reading such indictment to  the jury regard shall be had to the prov isions 
of section 183.  
 
CHAPTER 172  
CRIMINAL PROCEDURE CODE  SUBSIDIARY LEGISLATION  
 
No Subsidiary Legislation