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1259.   Order against parent or guardian on conviction of child

Revised Laws of Saint Lucia (2021)

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PART 4
MISCELLANEOUS PROVISIONS

1259.   Order against parent or guardian on conviction of child

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    (1)   Where a child is convicted of a summary offence, the Court may order, with or without any other punishment, that any fine, compensation, or costs awarded be paid by the parent or guardian of the child instead of by the child, unless the Court is satisfied that the parent or guardian cannot be found, or has not consented to the commission of the offence by neglecting to exercise due care of the child.

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    (2)   Where a child is charged with a summary offence, the Court may order his or her parent or guardian to give security by way of recognizance for his or her good behaviour.

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    (3)   Where the Court thinks that a charge against a child is proved, the Court may make an order on the parent or guardian under this section for the payment of compensation or costs or requiring him or her to give security by way of recognizance for good behaviour, without proceeding to the conviction of the child.

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    (4)   An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

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    (5)   Any sums imposed and ordered to be paid by a parent or guardian under this section, or on forfeiture of any such security as aforesaid, may be recovered from him or her in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child was charged.

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    (6)   Where a child is arrested, the constable by whom he or she is arrested or the officer of police in charge of the police station to which he or she is brought shall cause the parent or guardian of the child, if he or she can be found, to be warned to attend the Court before which the child will appear.

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    (7)   For the purpose of enforcing the attendance of a parent or guardian and enabling him or her to take part in the proceedings and enabling an order to be made against him or her, a summons or warrant may be issued by the Court to enforce his or her attendance in the same manner as if an information were laid or a complaint made, upon which a summons or warrant could be issued against the defendant, and a summons to a child may include a summons to a parent or guardian to enforce his or her attendance for the said purpose.

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    (8)   A warrant committing a parent or guardian to a correctional facility in respect of any sum adjudged to be paid under this section shall not be issued less than 7 clear days from the date of the conviction or order, unless the Court is of opinion that the interests of justice require it to be issued earlier.

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    (9)   A parent or guardian may appeal against an order made under this section.

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