Revised Laws of Saint Lucia (2021)

9.   Apprehension

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    (1)   Subject to subsections (2) and (3), a police officer may apprehend a child in conflict with the law with or without a warrant.

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    (2)   A police officer shall not apprehend a child for an offence under Schedule 1.

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    (3)   A police officer shall not apprehend a child who is under the age of twelve years alleged to have committed an offence but —

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      (a)     shall inform a probation officer of the particulars of the child as may be prescribed; and

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      (b)     may remove the child to a place of safety if the police officer has reasons to believe that it is necessary to do so for the safety of the child.

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    (4)   A warrant to apprehend issued under the Criminal Code, the District Courts Act or any other law in respect of a child must direct that the child be brought to appear at an initial inquiry.

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    (5)   A police officer on apprehending a child shall immediately notify the parent of the child, or if the parent cannot be found, an appropriate adult, of the apprehension.

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    (6)   If a police officer has notified a parent of a child or an appropriate adult of an apprehension under subsection (5), the police officer shall inform the child in the presence of the parent of the child or appropriate adult of —

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      (a)     the nature of the allegation against the child;

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      (b)     the rights of the child, in the prescribed manner; and

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      (c)     the immediate procedures to be followed under this Act and any other law.

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    (7)   A police officer who has apprehended a child shall, promptly but not later than twenty-four hours after the apprehension, inform a probation officer of the apprehension in the prescribed manner.

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    (8)   If a police officer is unable to inform a probation officer of the apprehension under subsection (7), he or she shall submit a written report to a magistrate at an initial inquiry in the prescribed manner giving reasons for the non-compliance.