Revised Laws of Saint Lucia (2021)

65.   Proceedings to show cause

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    (1)   At the proceedings to show cause for the purposes of section 64 (1) —

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      (a)     evidence and submissions in the case against the child are to be treated as evidence and submissions in the proceedings to show cause;

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      (b)     further evidence may be given and submissions made;

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      (c)     the parent or appropriate adult may require a witness whose evidence is admitted under paragraph (a) to be recalled to give evidence; and

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      (d)     the parent or an appropriate adult may require any fact stated in submissions mentioned in paragraph (a) to be proved.

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    (2)   Subject to subsection (1) —

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      (a)     the determination of the issues at the proceedings to show cause shall be by way of fresh hearing on the merits; and

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      (b)     the Court shall not be bound by a determination made by it under section 64.

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    (3)   If the parent or appropriate adult was called on to show cause on the prosecution's application, the prosecution shall be a party to the proceedings to show cause.

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    (4)   If the parent or an appropriate adult was called on to show cause on the Court's own initiative the Director of Public Prosecutions, may at the proceedings to show cause —

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      (a)     appear and give the Court the assistance it may require; or

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      (b)     intervene as a party with the permission of the Court.

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    (5)   If on consideration of the evidence and submissions under subsection (1)(a) and (b), a Court is satisfied beyond reasonable doubt of the matters under section 64(1), the Court may make an order requiring the parent to pay compensation.

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    (6)   An order made under subsection (5) must direct that the amount is paid —

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      (a)     by a time specified in the order or by instalments specified in the order; and

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      (b)     to the Registrar of the High Court.

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    (7)   In determining the amount to be paid by a parent by way of compensation, the Court shall have regard to the capacity of the parent to pay the amount, which shall include an assessment of the effect any order would have on the capacity of the parent to provide for his or her child.

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    (8)   The Court shall proceed under this section in the absence of the parent if the Court is satisfied that the parent is given notice of the proceedings to show cause under section 65.