Revised Laws of Saint Lucia (2021)

Schedule 3

(Section 11)

The Criminal Records (Rehabilitation of Offenders) Board

Constitution of Board

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   1.   (1)   The Board shall comprise such number of persons not being less than 3 or more than 5 as the Minister may appoint from time to time.

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   (2)   The Board shall include at least one of each of the following:

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      (a)     a person who is an attorney-at-law of at least 10 years standing or who holds or has held judicial office as-

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         (i)     a Judge of the Supreme Court, or

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         (ii)     a Magistrate;

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      (b)     a person appearing to the Minister to be interested in the rehabilitation of persons convicted of criminal offences, being—

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         (i)     a psychiatrist or psychologist,

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         (ii)     a social worker,

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         (iii)     a Minister of Religion, or

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         (iv)     a Probation Officer;

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      (c)     a person connected with, or having knowledge of, the keeping and maintenance of records of persons convicted of criminal offences, namely—

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         (i)     the Commissioner of Police or his nominee, or

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         (ii)     a senior civil servant.

Seal

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   2.   (1)   The Board shall have a seal which shall be kept in the custody of the chairman or the secretary and shall be affixed to instruments pursuant to a resolution of the Board in the presence of the chairman or any other member of the Board and the secretary.

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   (2)   The seal of the Board shall be authenticated by the signature of the chairman or a member of the Board authorised to act in that behalf and such seal shall be officially and judicially noticed.

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   (3)   All documents, other than those required by law to be under seal, made by the Board and all decisions of the Board may be signified under the hand of the chairman or any other member authorised to act in that behalf, or the secretary.

Tenure of office of members

3.   Subject to the provisions of this Schedule, the appointment of members of the Board shall be for a period of 3 years and each member shall be eligible for re-appointment.

Chairman

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   4.   (1)   The Minister shall appoint a member of the Board to be the chairman of the Board.

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   (2)   In the case of the absence or inability to act of the chairman, the Minister may appoint any other member to perform the functions of chairman.

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   (3)   In the case of the absence or inability of the chairman, or a person appointed under sub-paragraph (2), to act at any meeting, the other members at the meeting shall elect one of their number to act as chairman at the meeting.

Temporary appointments

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   5.   The Minister may appoint any person to act temporarily in the place of any member in the case of absence or inability to act of that member.

Vacancies

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   6.   (1)   If any vacancy occurs among the members of the Board, such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for   the remainder of the period for which the previous member was appointed.

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   (2)   In the making of appointments pursuant to this paragraph, regard shall be had to the requirements of paragraph 1(2).

Resignations

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   7.   (1)   The chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of the receipt by the Minister of the instrument.

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   (2)   Any member other than the chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Board.

Revocation of appointment

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   8.   The Minister may at any time revoke the appointment of any member of the Board.

Publication of membership

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   9.   The names of all members of the Board as first constituted and every change in membership shall be published in the Official Gazette.

Procedure and meeting

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   10.   (1)   The Board shall meet as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Board shall determine.

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   (2)   Minutes in proper form of each meeting of the Board shall be kept.

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   (3)   The chairman or, in the case of the absence or inability of the chairman to act, the person appointed or elected to act as chairman in accordance with the provisions of sub-paragraph (2) or (3) of paragraph 4 (as the case may be), shall preside at the meetings of the Board, and when so presiding shall, in addition to an original vote, have a casting vote.

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   (4)   The quorum of the Board shall be a simple majority of members.

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   (5)   Subject to the provisions of this Schedule the Board shall regulate its own proceedings.

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   (6)   The validity of any proceedings of the Board shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Remuneration of members

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   11.   There shall be paid to the chairman and members such remuneration whether by way of honorarium, salary or fees and such allowances as the Cabinet may determine.

Protection of members

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   12.   No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Board in respect of any action done bona fide in pursuance or execution or intended execution of the functions of the Board.

Office of chairman or member not a public office

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   13.   The office of chairman or member shall not be a public office within the meaning of the Constitution.