Revised Laws of Saint Lucia (2021)

8.   Power to enter premises to obtain information

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   (1)   The Competent Authority may apply to a judge or a magistrate under this section for a warrant to enter on premises for the purpose of enforcing a notice issued under section 7 or section 11A. (Amended by Act 15 of 2020)

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   (2)   Where the power under subsection (1) is delegated to a public officer that public officer shall produce to the judge or the magistrate the written authority signed by the Competent Authority.

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   (3)   Where, on information given on oath by the public officer under subsection (1), a judge or a magistrate who is satisfied that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be committed on any premises, being an offence by reason of which the delivery to the Competent Authority of information sought by a notice is endangered, may issue a warrant in writing authorizing that public officer, to enter the premises, if necessary by force, within fourteen days commencing on the date of the issue of the warrant, and search the premises, at any time.

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   (4)   Where a warrant is issued under this section, the judge or the magistrate may impose restrictions on the execution of the warrant as he or she considers proper in the circumstances.

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   (5)   A public officer who enters the premises under a warrant under this section may be accompanied by a police officer or other person and equipment as the public officer considers necessary to enable him or her to enforce the warrant, and, on leaving the premises entered under a warrant under this section, shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as secured against trespassers as he or she found it.

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   (6)   Where the public officer enters the premises under a warrant under this section, the public officer may seize and remove any article, document or information found there which he or she has reasonable cause to believe may be relevant to the notice, and shall immediately deliver it to the Competent Authority.

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   (7)   Where entry to the premises has been made under a warrant under this section and the public officer making the entry has seized any article, document or information, he or she shall prepare a list, a copy of which may be provided on request, to a person showing himself or herself to —

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      (a)     be the occupier of the premises; or

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      (b)     have had possession or custody of the article, document or information immediately before the seizure or removal.

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   (8)   Where an article, document or information is seized under the authority of a warrant and it is shown that access to the article, document or information is required for the continued conduct of the business or affairs of any person, the Competent Authority shall afford to that person reasonable access.

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   (9)   A person shall not wilfully obstruct a public officer executing a warrant or a police officer under this section.

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   (10)   A person who contravenes subsection (9) commits an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six years or to both.