(1) Subject to subsection (2), a police officer may, for the purpose of an investigation of an offence under this Act, apply ex parte to a Judge of the High Court for an order for the gathering of information.
(2) A police officer may make an application under subsection (1), only with the prior written consent of the Attorney General.
(3) A judge to whom an application is made under subsection (1), may make an order for the gathering of information if the judge is satisfied that the written consent of the Attorney General has been obtained as required under subsection (2) and—
(a) that there are reasonable grounds to believe that—
(i) an offence under this Act has been committed, and
(ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the police officer of having committed the offence, is likely to be obtained as a result of the order; or
(b) that—
(i) there are reasonable grounds to believe that an offence under this Act will be committed,
(ii) there are reasonable grounds to believe that a person has direct and material information that relates to an offence referred to in subparagraph (i), or that may reveal the whereabouts of a person who the police officer suspects may commit the offence referred to in this paragraph, and
(iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii), from the person referred to in that subparagraph.
(4) An order under subsection (3) may—
(a) order the examination, on oath or not, of a person named in the order;
(b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph (d), as the case may be, for the examination and to remain in attendance until excused by the presiding judge;
(c) order the person to bring to the examination any document or thing in his or her possession or control, and produce it to the presiding judge;
(d) designate another judge as the judge before whom the examination is to take place; and
(e) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.
(5) An order made under subsection (3), may be executed anywhere in Saint Lucia.
(6) The judge who made the order under subsection (3), or another judge of the same court, may vary the terms and conditions of the order.
(7) A person named in an order made under subsection (3), shall answer questions put to the person by the Attorney General or the Attorney General's representative, and shall produce to the presiding judge documents or things that the person was ordered to bring, but may refuse to do so if answering a question or producing a document or thing would disclose information that is protected by the law relating to non disclosure of information or privilege.
(8) The presiding judge shall rule on an objection or other issue relating to a refusal to answer a question or to produce a document or thing.
(9) No person shall be excused from answering a question, producing a document or thing under subsection (7), on the ground that the answer or document or thing may tend to incriminate the person or subject the person to any proceedings or penalty, but—
(a) no answer given or document or thing produced under subsection (7), shall be used or received against the person in any criminal proceedings against that person, other than in a prosecution for perjury or giving false evidence; and
(b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than in a prosecution for perjury or giving false evidence.
(10) A person has the right to retain and instruct counsel at any stage of the proceedings under this section.
(11) The presiding judge, if satisfied that any document or thing produced during the course of the examination is likely to be relevant to the investigation of any offence under this Act, shall order that the document or thing be given into the custody of the police officer or someone acting in the police officer's behalf.