Revised Laws of Saint Lucia (2021)

PART VII
DIVERSION

71.   Diversion

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    (1)   A probation officer, the Director of Public Prosecutions or Court may consider diversion to —

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      (a)     encourage a child to be accountable for the harm which he or she has caused to another person;

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      (b)     meet the particular needs of a child;

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      (c)     promote the reintegration of a child into the family and the community;

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      (d)     provide an opportunity to persons affected by the harm caused by a child to express views on the impact of the harm;

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      (e)     encourage the rendering to the victim of some symbolic benefit or the delivery of some object as compensation for the harm caused by a child;

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      (f)     promote the reconciliation between a child and the person or community affected by the harm caused by the child;

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      (g)     prevent stigmatization of a child and other adverse consequences flowing from being subject to the criminal justice system; and

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      (h)     prevent a child from having a criminal record.

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    (2)   Notwithstanding subsection (1), a child shall be considered for diversion if —

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      (a)     the child and his or her parent or an appropriate adult, consent to the diversion and the diversion option;

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      (b)     the child understands his or her right to remain silent and has not been unduly influenced to acknowledge responsibility for an alleged act or omission; and

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      (c)     there is sufficient evidence to prosecute the child, or

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      (d)     the penalty for the offence with which the child is charged does not exceed a term of imprisonment of ten years.