Revised Laws of Saint Lucia (2021)

26.   Powers and duties of probation officer at assessment

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    (1)   A probation officer shall, during an assessment —

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      (a)     explain the purpose of the assessment to —

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        (i)     the child, and

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        (ii)     the parent or an appropriate adult;

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      (b)     inform the child of his or her rights in the prescribed manner;

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      (c)     explain the procedures to be followed under this Act to —

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        (i)     the child, and

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        (ii)     the parent or an appropriate adult;

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      (d)     inquire from the child whether he or she intends to acknowledge responsibility for the offence;

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      (e)     request a police officer to obtain documentation required for the completion of the assessment of the child;

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      (f)     consult individually with a person at the assessment;

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      (g)     contact or consult a person who is not present at the assessment and who may have information relating to an assessment and if the information is obtained, the child must be informed of the information, in a language that the child can understand; or

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      (h)     encourage participation of the child during the assessment process.

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    (2)   If a child is accused with another child, a probation officer may conduct the assessment of the children simultaneously.

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    (3)   A probation officer shall complete an assessment report at the end of an assessment in the prescribed manner and shall provide recommendations with respect to —

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      (a)     the prospects of diversion;

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      (b)     the possible release of the child into the care of a parent or an appropriate adult, if the child is in detention; or

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      (c)     the placement, where applicable, of the child in a place of safety or a place of assessment.

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    (4)   If it appears to a probation officer that the child does not intend to acknowledge responsibility for the alleged offence, this must be indicated in the assessment report.

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    (5)   A probation officer shall submit the assessment report under subsection (3) to the Director of Public Prosecutions and the attorney-at-law representing the child prior to the commencement of an initial inquiry.