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Revised Laws of Saint Lucia (2023)

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1. Short Title

This Order may be cited as the Juvenile Courts Order.

2. Interpretation

PART I CRIMINAL RESPONSIBILITY

5. Age of criminal responsibility

PART II PLACE OF ASSESSMENT AND SECURE RESIDENTIAL FACILITY

6. Place of assessment

7. Secure residential facility

PART III METHODS OF SECURING ATTENDANCE OF CHILD AT INITIAL INQUIRY

8. Method of securing attendance of child

9. Apprehension

10. Detention of child

11. Report of injury sustained by child

12. Register of children in detention in police custody

13. Release of child into care of parent or appropriate adult before initial inquiry

14. Release by Director of Public Prosecutions

15. Duty of police officer

16. Release of child on recognisance prior to initial inquiry

17. Release to place of safety

18. Child accused of Schedule 3 offence

19. Report of non-release

20. Uncertainty as to age of person

22. Written notice

PART IV ASSESSMENT OF CHILD

23. Assessment of child by probation officer

24. Notice of assessment

25. Attendance at assessment

26. Powers and duties of probation officer at assessment

PART V INITIAL INQUIRY

27. Decision to hold initial inquiry

28. Attendance at initial inquiry

29. Conduct of initial inquiry

30. Powers of a magistrate at an initial inquiry

31. Release of child into care of parent or appropriate adult at initial inquiry and on recognisance or bail

32. Detention of child by magistrate

33. Postponement of initial inquiry

34. Detailed assessment

35. Referral of matter to the Director of Human Services

36. Decision regarding diversion

37. Procedure on referral of matter for trial

PART VI COURT PROCEEDINGS

Intention to Prosecute

38. Intention to prosecute

Legal Representation

39. Child to be provided with an attorney-at-law

40. Requirements to be complied with by attorney–at-law

Procedure relating to children

41. Summoning of parent or appropriate adult

42. Conduct of proceedings relating to child in Court

43. Admissibility of evidence

44. Treatment of child at Court

45. Separation and joinder of trials involving child and adult

46. Time limit relating to conclusion of trial

47. Order for diversion

48. Privacy and confidentiality for child in Court

49. Pre-sentence report

50. Prohibition on sentence

51. Imposition of sentence

52. Sentence involving a compulsory residential requirement

53. Referral to secure residential facility

54. Referral to a correctional facility

55. Community based sentence

56. Supervision of a child under a supervision and guidance order

57. Summons to inquire of fit person

58. Family group conference

59. Decision after family group conference

60. Sentence involving correctional supervision

61. Postponement or suspension of imposition of sentence

62. Failure to comply with condition of sentence

63. Penalty in lieu of fine or imprisonment

64. Notice to parent or appropriate adult

65. Proceedings to show cause

66. Power to proceed with case in absence of child

67. Extension of power to take depositions

68. Determination of age

69. Order relating to parent or appropriate adult

PART VII DIVERSION

72. Levels of diversion options

73. Development of diversion options

74. Designation of assigned officer

75. Community service work as diversion

PART VIII MISCELLANEOUS

77. Obstruction of assigned officer

78. Expungement of record

79. Regulations

80. Amendment of Schedules

81. Repeal and savings

SUBSIDIARY LEGISLATION

Juvenile Courts Order – Section 11 (Statutory Instrument 47/1973)

2. Time and Place of Sittings