Revised Laws of Saint Lucia (2021)

29.   Conduct of initial inquiry

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    (1)   A Magistrate shall conduct an initial inquiry in an informal manner by asking questions, interviewing persons and using other lawful methods to obtain information.

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    (2)   At the commencement of an initial inquiry a Magistrate shall —

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      (a)     confirm or determine the age of the child;

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      (b)     explain the purposes of the initial inquiry to the child;

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      (c)     inform the child of the nature of the allegation against him or her;

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      (d)     inform the child of his or her rights; and

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      (e)     explain to the child the immediate procedures to be followed under this Act.

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    (3)   The Director of Public Prosecutions shall ensure that the magistrate has a copy of the assessment report prepared under section 26(3).

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    (4)   A person attending an initial inquiry may submit to the Magistrate information regarding a previous diversion or conviction of the child.

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    (5)   A child, the attorney-at-law representing the child, the parent, an appropriate adult and the Director of Public Prosecutions shall be given an opportunity to question the probation officer who prepared the assessment report on the child or a person giving evidence at the initial inquiry.

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    (6)   If the child in respect of whom an initial inquiry is being conducted is a co-accused with one or more children, a joint initial inquiry may be held.

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    (7)   If a joint initial inquiry is held under subsection (6), different decisions may be made with respect to each child.

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    (8)   If a child does not acknowledge responsibility for the offence with which he or she is being charged, no further questions regarding the offence may be put to the child and the Director of Public Prosecutions or a designated prosecutor may set the matter down for trial in the Court.

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    (9)   Information furnished at an initial inquiry must not be used in subsequent proceedings against the person who furnished the information.

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    (10)   A magistrate shall keep a record of all proceedings relating to an initial inquiry.