Revised Laws of Saint Lucia (2021)

PART VI
COURT PROCEEDINGS

Intention to Prosecute

38.   Intention to prosecute

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    (1)   If the Director of Public Prosecutions intends to prosecute a child in conflict with the law, he or she shall issue a certificate in the prescribed form confirming the intention to prosecute.

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    (2)   In issuing a certificate under subsection (1), the Director of Public Prosecutions shall have regard to —

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      (a)     the appropriateness of diversion under this Act;

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      (b)     the educational level, cognitive ability, domestic and environmental circumstances, age and maturity of the child;

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      (c)     the nature and gravity of the alleged offence;

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      (d)     the impact of the alleged offence on a victim of the offence;

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      (e)     an assessment report prepared by a probation officer under section 26(3); and

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      (f)     an evaluation or a report of a counsellor, medical practitioner or psychologist, if applicable.

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    (3)   If a certificate under subsection (1) is not issued within twenty-eight days after an initial inquiry, the Director of Public Prosecutions is regarded as having declined to institute proceedings to prosecute.