Revised Laws of Saint Lucia (2021)

4.   Purpose

The purposes of this Act are to ensure that —

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    (a)     the best interest of a child, the safety, welfare, and wellbeing of a child are of paramount consideration;

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    (b)     a child is as far as possible given an opportunity to respond before a decision is taken which affects the child;

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    (c)     a child is addressed in a manner appropriate to his or her age, maturity, and intellectual development;

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    (d)     a child is treated in a manner which considers his or her beliefs;

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    (e)     procedures to be carried out under this Act are conducted and completed in a timely manner;

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    (f)     parents, relatives, and other family members have the right to assist a child in proceedings under this Act and, wherever possible, to participate in decisions affecting the child;

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    (g)     consequences arising from the commission of an offence by a child are proportionate to the circumstances of the child, the nature of the offence, the interests of society and that a child is not treated more severely than an adult would be treated in the same circumstances;

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    (h)     a child has equal access to available services if the child is lacking in —

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      (i)     family support,

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      (ii)     educational support, or

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      (iii)     employment opportunities, if the child is between the ages of sixteen years and eighteen years;

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    (i)     every effort is made to ensure that a child receives equal treatment to other children when having committed a similar offence; and

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    (j)     when deciding to release a child in detention —

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      (i)     preference is given to the release of the child into the care of a parent or an appropriate adult, with or without the imposition of conditions,

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      (ii)     if the release of a child into the care of a parent or an appropriate adult is not feasible, the release of the child on bail or recognisance is considered,

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      (iii)     if the child is detained as a measure of last resort, the least restrictive form of detention appropriate to the child and the offence is selected.