Revised Laws of Saint Lucia (2021)

15.   Protection of persons detained under emergency laws

  1.  

    (1)   When a person is detained by virtue of any such law as is referred to in section 14 the following provisions shall apply, that is to say—

    1.  

      (a)     he or she shall, with reasonable promptitude and in any case not more than 7 days after the commencement of his or her detention, be informed in a language that he or she understands and in detail of the grounds upon which he or she is detained and furnished with a written statement in English specifying those grounds in detail;

    1.  

      (b)     not more than 14 days after the commencement of his or her detention, a notification shall be published in the Official Gazette stating that he or she has been detained and giving particulars of the provision of law under which his or her detention is authorised;

    1.  

      ©     not more than one month after the commencement of his or her detention and thereafter during his or her detention at intervals of not more than 3 months, his or her case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;

    1.  

      (d)     he or she shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his or her own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

    1.  

      ©     at the hearing of his or her case by the tribunal appointed for the review of his or her case he or she shall be permitted to appear in person or to be represented by a legal practitioner of his or her own choice.

  1.  

    (2)   On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his or her detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

  1.  

    (3)   Nothing contained in subsection (1)(d) or (1)© shall be construed as entitling a person to legal representation at public expense.