Revised Laws of Saint Lucia (2021)

72.   Levels of diversion options

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    (1)   A diversion may be a level one diversion option, level two diversion option or level three diversion option as set out in Schedule 4.

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    (2)   In selecting the level that is appropriate for a child, a probation officer, the Director of Public Prosecutions or the Court shall consider —

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      (a)     the background of the child;

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      (b)     the educational level, cognitive ability and the environmental circumstances of the child;

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      (c)     the proportionality of the option recommended or selected to the circumstances of the child;

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      (d)     the nature of the offence and the interests of the community or society; and

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      (e)     the age and developmental needs of the child.

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    (3)   A level three diversion option applies to a child over the age of fourteen years in cases where the law under which the offence is committed imposes a sentence of detention for a period not exceeding six months.

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    (4)   The offences to which a level one diversion option, level two diversion option or level three diversion option apply are set out in Schedule 5 and a diversion option applies to offences that are similar to those under Schedule 5.

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    (5)   A child shall not be excluded from a diversion option if his or her parent is unable to pay any fee required for the child's participation in the diversion option.