Revised Laws of Saint Lucia (2021)

3.   Inquiry as to whether person is of unsound mind

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    (1)   Any magistrate upon information upon oath of any informant to the effect that the informant has good cause to suspect and believe and does suspect and believe some person to be a person of unsound mind and a proper subject for confinement, may, at his or her home or in any place which he or she deems convenient other than an open court, examine such suspected person and in the same place or elsewhere other than in an open court, may hold an inquiry as to the state of mind of such suspected person. However, in the case of a person suspected of being a feeble minded person or child the informant shall be the parent, guardian or other person having the care of such person or child.

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    (2)   For the purpose of such inquiry the magistrate may summon witnesses and shall have and exercise the same powers for the summoning of witnesses, requiring their attendance and the recording of evidence as a magistrate has and exercises in a court of summary jurisdiction. However, such magistrate may, if he or she thinks fit, proceed with such inquiry in the absence of the suspected person, and without proof of the service of any summons upon him or her.

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    (3)   The magistrate may, if he or she thinks fit, adjourn the inquiry and by written order direct that such suspected person be kept in custody under observation at the observation room at a mental hospital for a period of 7 days, which period may be extended on the recommendation of the Superintendent for further periods of 7 days up to a maximum period of 56 days.