2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

PART 4
AMENDMENT OF ORDER

AMENDMENT OF REQUIREMENTS OF PROBATION OR CURFEW ORDER

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    10.   

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    (1)   Subject to subparagraph (2), a magistrate's court may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—

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      (a)     by cancelling any of the requirements of the order; or

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      (b)     by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the Court could include if it were then making the order.

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    (2)   The power of a magistrate's court under subparagraph (1) is subject to the following restrictions, namely—

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      (a)     the Court shall not amend a probation order

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        (i)     by reducing the probation period, or by extending that period beyond the end of 3 years from the date of the original order; or

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        (ii)     by inserting in the order a requirement that the offender shall submit to treatment for the offender's mental condition, or the offender's dependency on drugs or alcohol, unless the amending order is made within 3 months after the date of the original order;

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      (b)     the Court shall not amend a curfew order by extending the curfew periods beyond the end of 6 months from the date of the original order.

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    (3)   In this paragraph and paragraph 11, references to the offender's dependency on drugs or alcohol include references to his or her propensity towards the misuse of drugs or alcohol.

AMENDMENT OF CERTAIN REQUIREMENTS OF PROBATION ORDER

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    11.   

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    (1)   Where the medical practitioner or other person by who or under whose direction an offender is being treated for the offender's mental condition, or the offender's dependency on drugs or alcohol, in pursuance of any requirement of a probation order.

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      (a)     is of the opinion mentioned in subparagraph (2); or

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      (b)     is for any reason unwilling to continue to treat or direct the treatment of the offender,

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    that medical practitioner or other person shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 10 to a magistrate's court for the variation or cancellation of the requirement.

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    (2)   The opinion referred to in subparagraph (1) is—

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      (a)     that the treatment of the offender should be continued beyond the period specified in that behalf in the order; or

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      (b)     that the offender needs different treatment, being treatment of a kind to which the offender could be required to submit in pursuance of a probation order; or

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      (c)     that the offender is not susceptible to treatment; or

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      (d)     that the offender does not require further treatment.

EXTENSION OF EXTRA MURAL ORDER

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    12.   Where—

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      (a)     an extra mural order is in force in respect of an offender; and

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      (b)     on the application of the offender or the responsible officer, it appears to a magistrate's court that it would in the interest of justice to do so having regard to circumstances which have arisen since the order was made,

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    the Court may, in relation to the order, extend the period specified in the order.

SUPPLEMENTAL

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    13.   An application may not be made under paragraph 10 or 12 while an appeal against the relevant order is pending.

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    14.   

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    (1)   Subject to subparagraph (2), where a Court proposes to exercise its powers under this Schedule otherwise than on the application of the offender, the Court—

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      (a)     shall summon the offender to appear before the Court; and

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      (b)     if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest,

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    and the Court shall not amend a relevant order under this Part of this Schedule unless the offender expresses willingness to comply with the requirements of the order as amended.

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    (2)   This paragraph does not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement or substituting a new place for the one specified in a relevant order.

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    15.   

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    (1)   On a Court making under this Part of this Schedule an order amending a relevant order, the clerk to the Court shall forthwith—

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      (a)     if the order amends the relevant order otherwise than by substituting a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

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      (b)     if the order amends the relevant order in the manner excepted by paragraph (a), send to the clerk to the magistrate's court for the district in which the new place is situated—

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        (i)     copies of the amending order, and

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        (ii)     such documents and information relating to the case as the clerk considers likely to be of assistance to a Court acting for that district in exercising its functions in relation to the order,

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    and in a case falling within paragraph (b) the clerk to the magistrate's court for that district shall give copies of the amending order to the responsible officer.

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    (2)   A responsible officer to whom copies of an order are given in accordance with subparagraph (1), shall give a copy to the offender and to the person in charge of any institution in which the offender is, or was required by the order to reside.