Revised Laws of Saint Lucia (2021)

51.   Penalty notice offence

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    (1)   The Minister may prescribe an offence provided for in the Regulations to be a penalty notice offence.

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    (2)   Regulations in which a penalty notice offence is prescribed shall subject to this section prescribe:

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      (a)     the form of the penalty notice for the penalty notice offence;

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      (b)     the mode of service of the prescribed penalty notice;

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      €     the amount of the pecuniary penalty which shall not be more than $2500, and

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      (d)     the notice period which shall be a date not less than 21 days following the service of the prescribed penalty notice during which the prescribed pecuniary penalty must be paid.

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    (3)   Where the Authority believes that any person has committed a penalty notice offence, the Authority may, in the prescribed mode, serve on that person the prescribed penalty notice in writing offering the opportunity of the discharge of liability of conviction for that penalty notice offence by payment to the Authority of the prescribed pecuniary penalty applicable.

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    (4)   A person shall not be liable to be convicted of any penalty notice offence if the prescribed pecuniary penalty is paid in accordance with this section before the expiry of the prescribed notice period.

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    (5)   Where a person pays the prescribed pecuniary penalty in accordance with this section the Authority shall accept the amount as and in complete satisfaction of any liability to conviction.

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    (6)   Payment of a prescribed pecuniary penalty pursuant to this section shall be made to the Authority which shall cause it to be paid into the Consolidated Fund.

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    (7)   In any proceedings a certificate that payment of the prescribed pecuniary penalty was or was not paid to the Authority by a date specified in the certificate shall, if the certificate purports to be signed by the Authority, be sufficient evidence of the facts stated, unless the contrary is proved.

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    (8)   A prescribed penalty notice pursuant to this section shall:

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      (a)     specify the offence alleged;

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      (b)     give such particulars of the offence as are necessary for giving reasonable information of the allegation; and

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      €     state the prescribed notice period during which proceedings will not be taken for the offence, the amount of the prescribed pecuniary penalty and the address at which the prescribed pecuniary penalty is to be paid.

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    (9)   In any proceeding for a penalty notice offence, no reference shall be made after the conviction of the accused to the giving of any notice pursuant to this section or to the payment or non-payment of the prescribed pecuniary penalty thereunder unless, in the course of the proceedings or in some other document which is before the court in connection with the proceedings, reference has previously been made.

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    (10)   Where a person fails to comply with a prescribed penalty notice within the time specified in th prescribed penalty notice section 43 shall apply.