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35A.   Review of search warrants and restraining orders

Revised Laws of Saint Lucia (2021)

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35A.   Review of search warrants and restraining orders

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    (1)   A person who has an interest in property that was seized under a warrant issued under section 35 or in respect of which a restraining order was made may, at any time, apply to the Court—

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      (a)     for an order under subsection (4); or

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      (b)     for permission to examine the property.

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    (2)   An application under subsection (1) shall not be heard by the Court unless the applicant gives to the Director of Public Prosecutions at least 3 days clear notice in writing of the application.

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    (3)   The Court may require notice of the application to be given to, and may hear, any person who, in the opinion of the Court, appears to have an interest in the property.

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    (4)   On an application made under subsection (1)(a) in respect of any property, the Court may, after hearing the applicant, the Director of Public Prosecutions and any other person to whom notice was given under subsection (3), order that the property or any part of the property be returned to the applicant or, in the case of a restraining order, revoke the order or vary the order to exclude the property or any interest in the property or any part of the property from the application of the order, or make the order subject to such conditions as the Court thinks fit—

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      (a)     if the applicant enters into a recognizance before the Court, with or without sureties, in such amount and with such conditions, as the Court directs and, where the Court considers it appropriate, deposits with the Court such sum of money or other valuable security as the Court directs;

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      (b)     if the conditions referred to in subsection (5) are satisfied; or

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      (c)     for the purpose of—

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        (i)     meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the Court has an interest in the property and of the dependants of that person, or

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        (ii)     meeting the reasonable business or legal expenses of a person referred to in subparagraph (i).

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    (5)   An order under subsection (4)(b) in respect of property may be made by the Court if the Court is satisfied—

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      (a)     that a warrant should not have been issued under section 24 or a restraining order should not have been made, in respect of that property; or

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      (b)     that the applicant is the lawful owner of, or lawfully entitled to possession of, the property and appears innocent of any complicity in a scheduled offence or of any collusion in relation to such an offence; and

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      (c)     that the property will no longer be required for the purpose of any investigation or as evidence in any proceedings.

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    (6)   On an application made to the Court under subsection (l)(b), the Court may order that the applicant be permitted to examine property subject to such terms as may appear to the Court to be necessary or desirable to ensure that the property is safeguarded and preserved for the purpose for which it may subsequently be required.

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    (Inserted by Act 5 of 2010)

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