Revised Laws of Saint Lucia (2021)

5.   Issuance of interception direction

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    (1)   An interception direction shall be issued if a judge is satisfied, on the facts alleged in the application under section 4, that there are reasonable grounds to believe that—

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      (a)     obtaining the information sought under the interception direction is necessary—

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        (i)     in the interests of national security,

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        (ii)     in the interests of public order,

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        (iii)     in the interests of public morality,

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        (iv)     in the interests of public safety,

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        (v)     for the interest of public health,

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        (vi)     for the prevention or detection of any offence specified in the Schedule, where there are reasonable grounds to believe that such an offence has been, is being or may be committed, or

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        (vii)     for the purpose, in circumstances appearing to the judge to be equivalent to those in which he or she would issue an interception direction by virtue of sub-paragraph (vi), of giving effect to the provisions of any mutual legal assistance agreement; and

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      (b)     other procedures—

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        (i)     have not been or are unlikely to be successful in obtaining the information sought to be acquired by means of the interception direction,

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        (ii)     are too dangerous to adopt in the circumstances, or

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        (iii)     having regard to the urgency of the case are impracticable; and

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      (c)     it would be in the best interests of the administration of justice to issue the interception direction.

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    (2)   A judge considering an application may require the authorised officer to furnish such further information as he or she deems necessary.