Revised Laws of Saint Lucia (2021)

46.   Powers to enter, inspect, seize, and detain

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    (1)   Subject to subsection (3), an Inspector appointed pursuant to section 13 or any person delegated pursuant to section 14 when so _uthorizin in writing by the Director General shall have access at all reasonable times to:

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      (a)     inspecting the aerodrome, or any aircraft, or civil aviation document or aviation facility located on an aerodrome, or detain any aircraft;

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      (b)     any aircraft whether or not in flight, or other facility relating to civil aviation, or any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products for the purposes of making inspections relating to the enforcement of this Act;

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      €     any place where an aircraft has landed including point of origin of any product or goods being, or to be shipped by air, for the purposes of an investigation of matters concerning aviation safety.

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    (2)   An Inspector or any person delegated in the performance of his or her duties authorized under subsection (1) may:

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      (a)     seize anything found in any place referred to in subparagraph (a) or that the inspector or authorized person believes on reasonable grounds will afford evidence with respect to an offence committed under this Act; and

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      (b)     detain any aircraft where an inspector or a person delegated has reasonable grounds to believe that such aircraft is likely to be operated in an unsafe manner and shall take reasonable steps to ensure its continued detention.

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    (3)   Where any place referred to in subsection (1) or subsection (5) of this section is a dwelling-house an inspector or a person authorized by this Act may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (4).

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    (4)   Where a magistrate is satisfied by information on oath—

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      (a)     that entry to a dwelling-house is necessary for the purpose of performing any function of the Inspector appointed or the person designated pursuant to this Act; and

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      (b)     that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the Magistrate may issue a warrant under his or her hand authorizing the Inspector or the person appointed, or a member of the Royal Saint Lucia Police Force to enter that dwelling-house subject to such conditions as may be specified in the warrant.

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    (5)   In executing a warrant under subsection (4), the Inspector appointed or the person delegated under this Act shall not use force unless he or her is accompanied by a member of the Royal Saint Lucia Police Force and the use of force has been specifically authorized in the warrant.