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of which is recognised by or under the laws of Saint Vincent
and the Grenadines, whether such court or tribunal or other
body is located inside or outside Saint Vincent and the
Grenadines, at which the imposition or passing of such sentence
may lawfully be appealed, reviewed, challenged or questioned
by the person thus sentenced.
(4) Parliament may prescribe relevant
criteria for determining whether murder is capital, on
conviction for which a person shall be subject to the death
penalty; or non-capital, on conviction for which a person
shall not be subject to the death penalty:
Provided that non-capital murder shall be
confined to murder committed in sudden passion;
Provided further that high treason shall always
be a capital offence.
(5) On the trial of a person indicted for
murder, if the jury returns a verdict convicting that person
of murder, it shall be a matter for the judge presiding at the
trial to determine whether the murder is capital, as distinct
from non-capital.
(6) If on the trial of a person indicted for
murder the jury returns a verdict convicting him of
murder, the judge shall hear evidence on the question
whether the murder is capital as distinct from non-capital.
If, having heard such evidence, and on any relevant criteria
referred to in sub section (4) of this section, the judge
determines that the murder is capital, the judge shall
impose the sentence of the death penalty, that is, capital
punishment, on the person so convicted.
(7) If a person is convicted of murder,
whether capital or non-capital, then, after sentence has been
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