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777.   Summary trial of child other than for murder

Revised Laws of Saint Lucia (2021)

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777.   Summary trial of child other than for murder

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    (1)   Where a child is charged before the Court with any indictable offence other than murder, the Court, if it thinks it expedient so to do, and if the parent or guardian of the child, when informed by the Court of his or her right to have the child tried by a jury, does not object to the child being dealt with summarily, may deal summarily with the offence, and, in the case of conviction, inflict the same punishment as might have been inflicted if the case had been tried on indictment, provided that—

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      (a)     where a term of imprisonment is imposed, the term does not in any case exceed 6 months;

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      (b)     where a fine is imposed, the amount does not in any case exceed $500.

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    (2)   For the purposes of proceedings under this section, the Court shall cause the complaint to be reduced into writing, if this has not already been done, and to be read to the parent or guardian of the child.

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    (3)   Where a complaint is read to a parent or guardian of a child pursuant to subsection (2), the Court shall then address a question to such parent or guardian in the following terms:

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    “Do you desire the child to be tried by a jury, and object to the case being dealt with summarily by this Court?”

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    with a statement, if the Court thinks such statement desirable for the information of such parent or guardian, of the meaning of the case being dealt with summarily, and of the projected date on which the child will be tried, if tried by a jury.

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    (4)   Where the parent or guardian is not present when the child is charged, the Court may, if it thinks it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian, with a view of securing, so far as may be practicable, his or her attendance at the hearing of the charge, or the Court may, if it thinks it expedient so to do, deal with the case summarily.

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    (5)   Nothing in this section shall render punishable for an indictable offence any child who is not, in the opinion of the magistrate before whom he or she is tried, of or above the age of 12 years, and of sufficient capacity to commit crime.

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    (Amended by Act 11 of 2008)

Summary Trial of Young Person

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