Revised Laws of Saint Lucia (2021)

Schedule 4

(Sections 55(1)(a), 61(3)(i) and 72(1))

LEVELS OF DIVERSION OPTIONS

PART 1

Level one diversion option includes—

(a)     an oral or written apology to a specified person or institution;

(b)     a formal caution in the prescribed form with or without conditions;

(c)     placement under a supervision and guidance order in the prescribed form for a period not exceeding six months;

(d)     placement under a reporting order in the prescribed form;

(e)     the issue of a compulsory school attendance order in the prescribed form for a period not exceeding six months;

(f)     the issue of a positive peer association order requiring a child to associate with a person whom the assigned officer has reason to believe can contribute to the positive behaviour of the child, in the prescribed manner in respect of a specified person in a specified place for a period not exceeding six months;

(g)     the issue of a family time order, requiring a child to spend a specified number of hours with his or her family, in the prescribed form for a period not exceeding six months;

(h)     the issue of a good behaviour order in the prescribed form;

(i)     the issue of an order prohibiting the child from visiting, frequenting or appearing at a specified place in the prescribed form;

(j)     referral to counselling or therapy for a period not exceeding six months;

(k)     compulsory attendance at a specified place for a specified vocational or educational purpose for a period not exceeding five hours each week, for a maximum of six months;

(l)     symbolic compensation to a specified person or an institution; and

(m)     restitution of a specified object to a specified victim of an alleged offence where the object concerned may be returned or restored.

PART 2

Level two diversion option includes —

(a)     the options under level one except that the maximum periods under that level shall for the purposes of this subsection be nine months;

(b)     compulsory attendance at a place approved by a Magistrate or the Court for a specified vocational or educational purpose for a period not exceeding eight hours each week, for a maximum of nine months;

(c)     performance of community service work under the supervision or control of an organisation or institution, or a specified person or group identified by an assigned officer effecting the assessment, for a maximum period of fifty hours, and to be completed within a maximum period of nine months;

(d)     provision of some service or benefit to a specified victim in an amount which the family of the child is able to afford;

(e)     where there is no identifiable person to whom restitution or compensation may be made, provision of some service or benefit or payment of compensation to an organization, charity or welfare organization for the benefit of the community.

PART 3

Level three diversion option includes —

(a)     referral to a programme which does not exceed twelve months and which has a residential element that must not exceed thirty-five days in total and twenty-one consecutive days during the operation of the programme;

(b)     performance of some service without remuneration for the benefit of the community under the supervision and control of an organisation or institution, or a specified group of persons, identified by an assigned officer and for a period of two hundred and fifty hours which shall be completed within twelve months and no more than thirty-five hours per week;

(c)     where the child is not attending formal schooling, compulsory attendance at a specified place for a specified vocational or educational purpose for a period not exceeding twelve months and no more than thirty-five hours per week; and

(d)     referral to counselling or therapeutic intervention in conjunction with any of the options listed in respect of this level.