Revised Laws of Saint Lucia (2021)

8.   Power to enter premises to obtain information

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   (1)   The Minister may apply to a judge or a magistrate under this section for a warrant to enter upon premises for the purpose of enforcing a notice issued under section 7.

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   (2)   Where this power is delegated to a public officer that officer shall produce to the judge or the magistrate the written authority signed by the Minister.

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   (3)   Where, on information given on oath by such an officer, a judge or a magistrate who is satisfied that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be committed on any premises, being an offence by reason of which the delivery to the Minister of information sought by a request is endangered, may issue a warrant in writing authorizing an officer of the Ministry responsible for finance, to enter the premises, if necessary by force, within 14 days commencing on the day of the issue of the warrant, and search the premises, at any time.

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   (4)   Where a warrant is issued under this section, the judge or the magistrate may impose such restrictions upon the execution of the warrant as he or she may consider proper in the circumstances.

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   (5)   An officer who enters the premises under a warrant under this section may be accompanied by a police officer or such other persons and equipment as the officer considers necessary to enable him or her to enforce the warrant, and, on leaving such premises entered under a warrant under this section, shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as secured against trespassers as he or she found it.

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   (6)   Where the officer enters the premises under a warrant under this section, the officer may seize and remove any article, document or information found there which he or she has reasonable cause to believe may be relevant to a request, and shall immediately deliver it to the Minister.

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   (7)   Where entry to premises has been made under a warrant under this section and the officer making the entry has seized any article, document or information, he or she shall prepare a list, a copy of which may be provided upon request, to a person showing himself or herself to —

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      (a)     be the occupier of the premises; or

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      (b)     have had possession or custody of the article, document or information immediately before the seizure or removal.

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   (8)   Where an article, document or information is seized under the authority of a warrant and it is shown that access to the article, document and information is required for the continued conduct of the business or affairs of any person, the Minister shall afford to that person reasonable access to those things.

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   (9)   A person shall not wilfully obstruct an officer executing a warrant or a person lawfully accompanying him or her under this section.

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   (10)   A person who contravenes subsection (9) commits an offence and is liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 years or to both.