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SALE OF PRODUCE ACT
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49.   Power to arrest person conveying produce

Revised Laws of Saint Lucia (2021)

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49.   Power to arrest person conveying produce

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    (1)   It is lawful for—

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      (a)     any owner, manager, overseer, or agent of any plantation whereon any kind of licensable produce is cultivated, without warrant, to apprehend and detain any person having in his or her possession or carrying or conveying any such kind of produce in and upon any such plantation, or in or upon any plantation, road, or way immediately adjoining such first-named plantation;

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      (b)     any police officer or rural constable—

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        (i)     without warrant, to apprehend and detain any person, not being the owner of any plantation whereon any kind of licensable produce is cultivated, having in his or her possession, or found any where carrying or conveying any such kind of produce, and

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        (ii)     to stop and examine any horse or other beast of burden, or any cart, wagon, or other conveyance, in order to ascertain whether any such kind of produce is being conveyed thereon or therein,

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    which such owner, manager, overseer, agent, police officer or rural constable may have reasonable cause to suspect to be stolen or unlawfully obtained.

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    (2)   If any person liable to arrest under the provisions of this section escapes from any person attempting to arrest him or her or after he or she has been arrested, or lets fall or throws away such produce from his or her possession, or abandons the possession of any such produce, it shall be lawful for any magistrate, upon application, to issue his or her warrant for the arrest of such person, and upon his or her arrest such person shall be deemed to be a person apprehended and detained within the meaning of this section.

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    (3)   The application for a warrant under the last preceding subsection may be made either by any of the persons named in subsection (1) hereof who has actually made or attempted to make the arrest or by a police officer or by a rural constable.

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    (4)   On the hearing of any case under this section, it shall not be incumbent on the prosecutor to prove that the person having in his or her possession or found carrying or conveying any such produce as aforesaid is not the owner, but the onus of proving ownership shall be on the accused.

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