Revised Laws of Saint Lucia (2021)

10.   Urgent application, form, issuance and scope and termination of interception direction or entry warrant

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   (1)   Where a judge is satisfied that the urgency of the circumstances so require, he or she may dispense with the requirements for a written application and proceed to hear an oral application made by the Attorney General or Director of Public Prosecutions on behalf of an authorised officer for an interception direction, or an entry warrant, or both or for a renewal of either an interception direction or an entry warrant, or both.

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   (2)   An oral application referred to in subsection (1) shall—

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      (a)     contain the information referred to in section 4(2) and section 8(6)(b);

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      (b)     indicate the particulars of the urgency of the case or the other exceptional circumstances which, in the opinion of the authorised officer, justifies the making of an oral application; and

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      (c)     comply with any directives, which may be issued by the judge.

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   (3)   A judge may, where an oral application is made to him or her, issue an interception direction or an entry warrant or both, or a renewal thereof, if he or she is satisfied that—

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      (a)     there are reasonable grounds to believe that the interception direction or the entry warrant or both, shall be issued; and

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      (b)     it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, for the Attorney General or the Director of Public Prosecutions to make a written application, on behalf of the authorised officer, for the issuing of the interception direction or the entry warrant or both, applied for.

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   (4)   An interception direction or an entry warrant issued under this section shall have the same scope as an interception direction or an entry warrant issued under sections 5 and 8.

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   (5)   Where an interception direction or an entry warrant or both, is issued or renewed under this section, the Attorney General or the Director of Public Prosecutions shall, on behalf of the authorised officer, within 72 hours of the time of the issue or, as the case may be, the renewal thereof, submit to the judge a written application and affidavit in accordance with the provisions of sections 4(2), or 8(3), or both as the case may be.

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   (6)   On the expiration of 72 hours from the time of the issue or the renewal of the interception direction or the entry warrant or both under this section, the judge shall review his or her decision to issue or renew the interception direction or the entry warrant, or both.

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   (7)   In reviewing his or her decision under subsection (6), the judge shall determine whether the interception direction or the entry warrant or both, continues to be necessary under section 5(1) or 8(5).

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   (8)   If under this section, the judge is satisfied that the interception direction or the entry warrant or both, continues to be necessary, he or she shall make an order affirming the issue or, renewal of the entry warrant or interception direction or both.

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   (9)   Where under this section, the judge issues an interception direction and an entry warrant relating to the interception direction at the same time, and he or she is satisfied that in accordance with section 5(1) the interception direction continues to be necessary, but not the entry warrant, he or she shall make an order affirming the issue of the interception direction and terminating the entry warrant.

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   (10)   If the judge is not satisfied that an interception direction or an entry warrant or both, continues to be necessary, he or she shall make an order terminating either or both.

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   (11)   Where an interception direction or an entry warrant issued or renewed under this section is terminated under subsection (10), the interception direction or the entry warrant shall cease to have effect upon such termination.

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   (12)   Where the issue or the renewal of an interception direction, is affirmed under subsection (8) of this section, the provisions of section 7 shall apply with respect to its duration as if the date of the order affirming the issue or the renewal of the interception direction were the date on which the warrant was first issued or, as the case may be, the date of its latest renewal.

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   (13)   Where the issue or renewal of an entry warrant is affirmed under subsection (8), the provisions of section 8(8) shall apply with respect to its duration.

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   (14)   Where an interception direction is terminated under this section, the entry warrant issued under the interception direction shall also be deemed to be terminated.