Revised Laws of Saint Lucia (2021)

30.   Powers of a magistrate at an initial inquiry

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    (1)   A magistrate may —

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      (a)     summon or cause to be summoned a person to be present at an initial inquiry, whose presence is in the best interest of the child or is necessary for the conclusion of the initial inquiry;

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      (b)     permit the attendance of a person who may be able to contribute to the initial inquiry;

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      (c)     request further documentation or information which may be necessary or relevant to the initial inquiry;

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      (d)     after consideration of the information contained in an assessment report, elicit information from a person attending the initial inquiry to supplement or clarify the information in the assessment report;

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      (e)     take the steps that may be necessary to establish the truth of a statement or the accuracy of a submission; and

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      (f)     if the conduct of the proceedings of the initial inquiry or an aspect of it is in dispute, rule on the conduct of the initial inquiry in a manner consistent with this Act.

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    (2)   Notwithstanding section 27(1), if a child has not been assessed at the commencement of the initial inquiry, a magistrate may dispense with the assessment if it is in the best interest of the child to do so.

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    (3)   A magistrate shall ensure that the child, in a language that the child understands, the attorney-at-law representing the child, the parent or an appropriate adult —

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      (a)     has knowledge of the recommendations in the assessment report prepared by the probation officer; and

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      (b)     is informed of a diversion option and the aims and content of the diversion option.

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    (4)   A magistrate may request the probation officer to explain, elaborate on or justify a recommendation or statement made in the assessment report and provide additional information.

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    (5)   A magistrate shall consider the reports provided by the police officer who apprehended the child, regarding the apprehension of the child and the detention of the child in police custody.