Revised Laws of Saint Lucia (2021)

42.   Conduct of proceedings relating to child in Court

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    (1)   At the commencement of the proceedings in the Court, the Judge, or magistrate shall in the prescribed manner —

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      (a)     inform the child of the nature of the allegations against him or her;

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      (b)     inform the parent or appropriate adult of the nature of the allegations against the child;

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

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      (d)     explain to the child the procedures to be followed under this Act, the Criminal Code, the District Courts Act or any other law.

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    (2)   The proceedings in the Court is, with due regard to the procedural rights of the child, conducted in an informal manner in order to encourage maximum participation by the child and his or her parent or an appropriate adult.

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    (3)   The police officer in charge of the investigation relating to the child, shall request a probation officer or other person to act as an independent observer and the independent observer must be present at the proceedings if —

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      (a)     a child refuses to have his or her parent or an appropriate adult present at the proceedings under subsections (1) and (2); or

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      (b)     a parent or an appropriate adult is not present or cannot be found and an attorney-at-law is not available.

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    (4)   A judge or magistrate shall protect a child from hostile cross examination where the cross examination is prejudicial to the wellbeing of the child or to the fairness of the proceedings.