Revised Laws of Saint Lucia (2021)

20.   Offences

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   (1)   Subject to this section, a person commits an offence if—

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      (a)     being required by section 7(1) or 9(2), to comply with an attachment of earnings order, he fails to do so;

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      (b)     being required by section 7(2) to give a notice for the purposes of that subsection, he fails to give it or fails to give it within the time required by that subsection;

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      (c)     he fails to comply with an order under section 13(1) or with any such requirement of a summons or a notice of application for an attachment of earnings order as is mentioned in section 13(3), or fails, in either case, to comply within the time required by the order or notice;

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      (d)     he fails to comply with section 14;

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      (e)     he gives notice for the purposes of section 7(2), or a notification for the purposes of section 14, which he knows to be false in a material particular, or recklessly gives such a notice or notification which is false in a material particular; or

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      (f)     in purported compliance with section 7(2) or 14, or with an order under section 13(1), or with any such requirement of a summons or a notice of application for an attachment of earnings order as is specified in section 13(3), he makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular.

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   (2)   Where a person commits an offence under subsection (1) in relation to proceedings in, or to an attachment of earnings order made by a Court, he is liable on summary conviction to a fine of $1,000 or he may be ordered by a judge or a magistrate in a Court, as the case may be, to pay a fine of $1,000 or, in the case of an offence specified in subsection (4), to be imprisoned for 14 days; and where a person commits an offence under subsection (2) otherwise than as mentioned in this subsection, he is liable on summary conviction to a fine of $1,000.

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   (3)   The offences referred to in subsections (1) and (2) with respect to which a judge may impose a sentence of imprisonment are—

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      (a)     an offence under subsection (1)(c) or (d) if committed by the debtor; and

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      (b)     an offence under subsection (1)(e) or (f), whether committed by the debtor or any other person.

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   (4)   It is a defence—

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      (a)     for a person charged with an offence under subsection (1)(a) to prove that he took all reasonable steps to comply with the attachment of earnings order in question; or

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      (b)     for a person charged with an offence under subsection (1)(b) to prove that he did not know and could not reasonably be expected to know that the debtor was not or had ceased to be in his employment and that he gave the required notice as soon as reasonably practicable after the fact came to his knowledge.

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   (5)   Where a person is convicted or dealt with for an offence under subsection (1)(a), the Court may order him to pay to whoever is the Collecting Officer for the purposes of the attachment of earnings order in question, any sums deducted by that person from the debtor's earnings and not already paid to the Collecting Officer.

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   (6)   Where under this section a person is ordered by a judge of the High Court or a magistrate to be imprisoned, the judge or the magistrate, as the case may be, may at any time revoke the order and, if the person is already in custody, order his discharge.

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   (7)   Any fine imposed by a judge of the High Court under subsection (2) and any sums ordered by the High Court to be paid under subsection (5) shall be recoverable as a civil debt; and any sum ordered by a district court or the Family Court to be paid under subsection (5) shall be recoverable as a sum adjudged to be paid on a conviction by that Court.