Revised Laws of Saint Lucia (2021)

1177.   Curfew orders

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    (1)   Where a person of 16 years of age or over is convicted of an offence (not being an offence for which the sentence is fixed by law), the Court by or before which the offender is convicted, may impose a curfew order.

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    (2)   In this Sub-Part “curfew order” means an order requiring the offender to remain, for periods specified in the order, at a place so specified.

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    (3)   A curfew order may specify different places or different periods for different days, but shall not specify—

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      (a)     periods which fall outside the period of 6 months beginning with the day on which it is made; or

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      (b)     periods which amount to less than 2 hours or more than 12 hours in any one day.

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    (4)   The requirements in a curfew order shall, as far as practicable, be such as to avoid—

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      (a)     any conflict with the offender's religious beliefs, or with the requirements of any other community order to which the offender may be subject;

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      (b)     any interference with the times, if any, at which the offender normally works or attends a school or other educational establishment.

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    (5)   A curfew order shall include provision for making a probation officer responsible for monitoring the offender's whereabouts during the curfew periods specified in the order (the “curfew periods”).

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    (6)   A Court shall not make a curfew order in respect of an offender unless it has first explained to the offender in ordinary language the matters specified in subsection (7) and the offender has consented to the making of the order.

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    (7)   The matters that the Court must explain, referred to in subsection (6) are—

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      (a)     the purpose and effect of the order (including any additional requirements proposed to be included in the order in accordance with section 1178);

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      (b)     the consequences which may follow under Schedule 7 if the offender fails to comply with any of the requirements of the order; and

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      (c)     that the order may be reviewed by the Court in accordance with that Schedule.

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    (8)   Before making a curfew order, the Court shall obtain and consider information about the place proposed to be specified in the order (the “curfew premises”), including information as to the attitude of persons likely to be affected by the enforced presence of the offender there.

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    (9)   The Minister may by order—

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      (a)     amend subsection (3) by substituting, for any period specified in that subsection such periods as may be specified in the order;

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      (b)     direct that subsection (4) shall have effect with such additional restrictions as may be specified in the order.