Revised Laws of Saint Lucia (2021)

48.   Privacy and confidentiality for child in Court

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    (1)   A person shall not be present at a sitting of a Court in a matter relating to a child unless the presence of the person is necessary in connection with the proceedings of the court or unless the judge or magistrate has granted the person permission to be present.

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    (2)   A person shall not publish information which reveals or may reveal the identity of a child or of any witness under the age of eighteen years appearing at any proceedings before a Court.

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    (3)   Subject to subsection (4), a probation officer, judge or magistrate, shall not preclude —

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      (a)     access to information pertaining to a child if the access would be in the best interest, safety or welfare of the child;

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      (b)     the publication, in the form of a law report, of —

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        (i)     information for the purpose of reporting a question of law relating to the proceedings, or

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        (ii)     a decision or ruling given by the Court on the question under subparagraph (i); or

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      (c)     the publication, in the form of a report of a professional or technical nature, of research results and statistical data pertaining to a child if the publication would be in the best interest, safety or welfare of the child or children in general.

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    (4)   A report under subsection (3)(b) and (c) must not mention —

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      (a)     the name of the child charged or of the person against whom or in connection with whom the offence in question is alleged to have been committed or of a witness at the proceedings; and

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      (b)     the place where the offence was alleged to have been committed.

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    (5)   Subject to subsection (6), in relation to proceedings in a Court —

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      (a)     a newspaper report or radio or television broadcast or a report on the internet, in the social media or by other electronic means of the proceedings shall not reveal the name, address or school, or include particulars calculated to lead to the identification of a child as being the person by or against or in respect of whom the proceedings are taken, or as being a witness in the proceedings;

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      (b)     a picture must not be published in a manner as being, or including a picture of, a child concerned in the proceedings.

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    (6)   The Court may, in a case, if satisfied that it is in the interests of justice or the public to do so, by order dispense with the requirements of this section to the extent as may be specified in the order.

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    (7)   A person who publishes in a newspaper or broadcasts by radio, television, internet, social media or other electronic means any matter or information or reveals the identity of any child, witness or other person in contravention of this section, commits an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six years or to both.