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Criminal Code St Kitts and Nevis. Cap

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No. of 20[ ] Criminal Code ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement. 2. Exclusion and saving of other laws. 3. Interpretation. 4. Definition of certain terms, etc. 5. Construction. 6. Construction of ―on conviction on indictment.‖ 7. Construction of ―on summary conviction‖ etc. 8. Jurisdiction. PART II CRIMINAL RESPONSIBILITY 9. Application of Part II. 10. Ignorance of law no excuse. 11. Accident etc. 12. Motive. 13. Ignorance or mistake of fact or of law. 14. Extraordinary emergencies. 15. Presumption of sanity. 16. Insanity. 17. Intoxication. 18. Intention in relation to intoxication. 19. Age of criminal responsibility. 20. Age of child. 21. Judicial officers. 22. Acts done in execution etc of provision of law. 23. Compulsion of husband. 24. No conspiracy between husband and wife alone. 25. Criminal responsibility of husband and wife for acts done by either with respect to the other’s property. 26. Offences by partners and members of companies with respect to partnership or corporate property. PART III DEFENCES Consent 27. Claim of right. 28. Provisions relating to consent. 29. Extent of justification. 30. Use of force in case of consent of the person against whom it is used. Justifiable Force and Harm 31. Justification of person aiding another person in use of justifiable force. 32. Use of force in arrest, detention, or recapture of person committing indictable offence. 33. Use of force to arrest, detain, or search a person otherwise than for an indictable offence. 34. Bona fide assistant and Superintendent of Prisons. 35. Bona fide execution of defective warrant or process. 36. Grounds on which force or harm may be justified, within prescribed limits. 37. General limits of justifiable force or harm. 38. Use of force for defence of property or possession, or overcoming obstruction of legal right. 39. Use of force for prevention of or defence against crime. 40. Use of force against third person interfering in case of justifiable use of force. 41. Use of force in execution of sentence or order of a court. 42. Use of force by Judicial or official authority, for preservation of order. 43. Use of force for preserving order on board a vessel. 44. Use of force by authority of an enactment. 45. Use of force against riotous or unlawful assembly. 46. Right of person arrested, etc., to inspect warrant. 47. Use of force in correcting a child for misconduct. Automatism 48. Automatism. Duress 49. Duress of circumstance. 50. Duress by threat. 51. Necessity. 52. Proof of defence of automatism, duress or necessity. PART IV PARTIES TO OFFENCES 53. Principal defendants. 54. Offences committed in prosecution of common purpose. 55. Mode of execution immaterial. 56. Accessories after the fact. PART V SENTENCING General Principles 57. Act when punishable. 58. Conviction essential before sentence. 59. Different kinds of sentence. 60. Sentence if not specified. 61. Purpose 62. Imprisonment to be imposed only after consideration of alternatives. 63. Determination of sentence. 64. Time in custody to be taken into account. 65. Time at large to be excluded from term of imprisonment. 66. Commencement of sentence. Procedure and Evidence 67. Sentencing proceedings. 68. Presentence report by probation officer. 69. Victim impact statement. 70. Evidence relevant to determination of sentence. 71. Other offences taken into consideration. 72. Punishment not to be double. 73. Prosecution and punishment under one or more enactments. 74. Increase of sentence on repetition of crime; and execution of sentence where former term of imprisonment unexpired. 75. Reduction in sentence for guilty plea. 76. Consequences of conviction. 77. Imposition of alternative sentence. 78. Person may speak to sentence. 79. Reasons for sentence. Fines, Compensation and Costs 80. Fines. 81. Power to order offender to make compensation and costs. 82. Order in default of payment of compensation and costs. 83. Effect of payment of compensation or imprisonment for non-payment. 84. Imprisonment in default of payment of fine, compensation and costs. Suspended sentence 85. Suspended sentence of imprisonment. Dangerous Persons 86. Sentencing of dangerous person. Drug Treatment Programmes 87. Drug treatment programmes. Discharge 88. Conditional and absolute discharge. Probation Order 89. Making of probation order. 90. Compulsory conditions. 91. Optional conditions of probation order. 92. Probation order. 93. Breach of requirement of probation order. 94. Presentence report. 95. Appointment, functions etc of probation officers. Community Service Order 96. Power to make community service order. 97. Obligations of person subject to community service order. 98. Breach of requirement of community service order. 99. Amendment and revocation of community service order, and substitution of other sentence. Restitution 100. Restitution. Forfeiture 101. Forfeiture of proceeds. 102. Forfeiture of property used for commission of offence. 103. Application to dispose of property used for the commission of offence. Parole 104. Life sentence. 105. Eligibility for parole generally. 106. Eligibility for parole, offenders under 18 convicted of murder. PART VI CAUSATION AND INTENTION 107. Event caused by involuntary agent. 108. Event caused by several persons. 109. Event caused by intervening circumstances. 110. Liability for attempts and negligence or recklessness. 111. Intent. 112. Transferred intention. 113. Negligence. 114. Recklessness. PART VII OFFENCES AGAINST THE PERSON General provisions relating to homicide 115. Killing of a human being unlawful. 116. Definition of killing. 117. Time at which child becomes a person capable of being killed. 118. Death by act etc done at childbirth. 119. Causing death by threats. 120. Acceleration of death. 121. Immaterial that injury might have been avoided. 122. Injury causing death in consequence of subsequent treatment. Offences constituted by homicide 123. Offences constituted by unlawful homicide. Premeditated murder 124. Premeditated murder. Murder 125. Constitution of offence of murder. 126. Punishment of murder; alternative verdict. 127. Attempted murder. 128. Threatening to murder. 129. Conspiracy to murder. 130. Becoming accessory after the fact to murder. 131. Diminished responsibility. 132. Provocation. 133. Killing by use of excessive force where some force is lawful. Manslaughter 134. Constitution of offence of manslaughter. 135. Manslaughter by negligence. Suicide 136. Attempt to commit and abetment of suicide. 137. Suicide pact. Noxious matter 138. Administration of noxious matter. Infanticide 139. Infanticide; alternative convictions of other offences Child destruction 140. Child destruction Harm 141. Intentionally or recklessly causing harm. 142. Intentionally or recklessly causing grievous harm. 143. Intentionally or recklessly causing maim or dangerous harm. 144. Intentionally or recklessly causing wound. 145. Use of means or instrument to cause harm. 146. Committing certain offences with aggravation. 147. Committing certain offence with violence. 148. Causing harm by hindering escape from wreck, etc. 149. Causing harm by omission. 150. Negligently causing harm by medical or surgical treatment. 151. Negligently causing harm. 152. Negligently causing grievous harm. 153. Negligently causing harm or endangering life. 154. Application of provisions as to causing an event to sections 141 to 153. Threat of Death 155. Threat of death or grievous harm. Assault 156. Assault. 157. Aggravated assault on male child or female. 158. Stalking. 159. Abuse against young person. 160. Kidnapping. 161. False imprisonment. PART VIII SEXUAL OFFENCES General Provisions Relating to Sexual Offences 162. Interpretation for sections 163 to 256. 163. Rape. 164. Assault by penetration. 165. Sexual assault. 166. Causing a person to engage in sexual activity without consent. Rape and other offences against children under thirteen 167. Rape of a child under thirteen. 168. Assault of a child under thirteen by penetration. 169. Sexual assault of a child under thirteen. 170. Causing or inciting a child under thirteen to engage in sexual activity. Child sex offences 171. Sexual activity with a child. 172. Causing or inciting a child to engage in sexual activity. 173. Engaging in sexual activity in the presence of a child. 174. Causing a child to watch a sexual activity. 175. Child sex offences committed by children or young persons. 176. Arranging or facilitating commission of a child sex offence. 177. Meeting a child following sexual grooming etc. Abuse of position of trust 178. Sexual activity with a child by abuse of position of trust. 179. Causing or inciting a child to engage in sexual activity by abuse of position of trust. 180. Sexual activity in the presence of a child by abuse of position of trust. 181. Causing a child to watch a sexual act by abuse of position of trust. 182. Positions of trust. 183. Marriage exception under sections 178 to 181. 184. Sexual relationships which pre-date position of trust under sections 178 to 181. Familial child sex offences 185. Sexual activity with a child family member. 186. Inciting a child family member to engage in sexual activity. 187. Family relationships. 188. Marriage exception under sections 185 and 186. 189. Sexual relationships which pre-date family relationships under sections 185 and 186. Offences against persons with a mental disorder impeding choice 190. Sexual activity with a person with a mental disorder impeding choice. 191. Causing or inciting a person, with a mental disorder impeding choice,
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