Dear Members:

The President of the Law Association, Mr. Douglas L. Mendes S.C. has asked me to bring to your attention a recent judgement from the Privy Council, Sexius v the AG of St. Lucia (see attached).

This judgment is on a matter which is of general concern to Criminal practitioners with regard to the constitutionality of criminal procedure rules. The Board has held that the rules are not unconstitutional in that they do not infringe the right to silence by advance notification of a defense, do not offend the presumption of innocence, nor the right to remain silent.

Although the judgement refers to the St Lucian jurisdiction the rules are similar to Trinidad and Tobago.

Regards
AMM
Alyson M. Myers
Executive Officer
LATT