Revised Laws of Saint Lucia (2021)

16.   Release of child on recognisance prior to initial inquiry

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    (1)   If a child is taken into police custody with or without a warrant and cannot be brought immediately before a magistrate, the police officer in charge of a police station to which the child is brought shall inquire into the matter and shall, unless —

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      (a)     the child is accused of an offence under Schedule 3;

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      (b)     it is necessary in the interest of the child to remove him or her from association with an undesirable person; or

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      (c)     the police officer has reason to believe that the release of the child would defeat the ends of justice,

release the child on recognisance, with or without sureties, for an amount as will, in the opinion of the police officer, secure the attendance of the child at the initial inquiry related to the charge on the hearing of the charge, being entered into by the child or by his or her parent or an appropriate adult.

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    (2)   A recognisance under subsection (1) may require the attendance at the initial inquiry of the parent or the appropriate adult and the child.

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    (3)   The Commissioner of Police may, after consultation with the Director of Public Prosecutions, issue directives regarding the amounts to be set for recognisance of bail.

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    (4)   The Director of Public Prosecutions may, in consultation with the police officer charged with an investigation with respect to a child under this Act, authorize the release of a child accused of an offence under Schedule 2 on recognisance prior to the appearance of the child at the initial inquiry, subject to reasonable conditions if the release of the child into the care of a parent or an appropriate adult is considered appropriate.

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    (5)   If a child is released under this section, a probation officer may monitor the child in a manner prescribed.