Revised Laws of Saint Lucia (2021)

15.   Seizure and detention of explosive liable to forfeiture

Where any revenue or police officer has reasonable cause to believe that any explosive or ingredient of an explosive or substance found by him or her is liable to be forfeited under this Act, he or she may seize and detain the same until the district court has determined whether the same is or is not so liable to be forfeited, and with respect thereto the following provisions shall have effect—

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    (a)     the officer seizing may either require the occupier of the place in which it was seized (whether a building or not, or a carriage, boat, or vessel), to detain the same in such place, or in any place under the control of such occupier, or may remove it in such manner and to such place as will, in his or her opinion, least endanger the public safety, and there detain it, and may, where the matter appears to him or her to be urgent and fraught with serious public danger, and he or she is Director of Finance and Planning, or is authorised by an order from the Director of Finance and Planning or a justice of the peace, or from the Commissioner of Police or any other police officer of superior rank, cause the same to be destroyed or otherwise rendered harmless; but, before destroying or rendering harmless the same, he or she shall take and keep a sample thereof, and shall, if required, give a portion of the sample to the person owing the explosive or having the same under his or her control at the time of the seizure; and any such occupier who, by himself or herself or by any other person, fails to keep the same when he or she is required under this section to detain it, and any such occupier or other person who, except with the authority of the officer seizing the same, or of the Director of Finance and Planning or the Commissioner of Police, or, in case of emergency, for the purpose of preventing explosion or fire, removes, alters, or in any way tampers or deals with the same while so detained, on being convicted thereof, is liable to a penalty not exceeding $240, and in default of payment, to imprisonment for any term not exceeding 3 months, and is also liable to forfeit all explosives and ingredients thereof which are, at the time of the offence, in his or her possession or under his or her control at the said place;

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    (b)     the proceedings before the District Court for determining whether the same is or is not liable to forfeiture shall be commenced as soon as practicable after the seizure;

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    (c)     the receptacles containing the same may be seized, detained, and removed in like manner as the contents thereof;

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    (d)     the officer seizing the same may use, for the purposes of the removal and detention thereof, any vessel, boat, or carriage in which the same was seized and any tug, tender, engine, tackle, beasts and accoutrements belonging to or drawing, or provided for drawing, such vessel, boat, or carriage, and shall pay to the owner a reasonable compensation for such use, to be determined, in case of dispute, by the District Court, and to be recovered in like manner as any penalty under this Act;

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    (e)     the same shall, so far as practicable, be kept and conveyed in accordance with this Act, and with all due precaution to prevent accidents, but the person seizing, removing, detaining, keeping, or conveying the same is not liable to any penalty, punishment, or forfeiture under this or any other Act or to any damages for keeping or conveying the same, so that he or she uses all such due precautions as aforesaid; and

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    (f)     the officer seizing or dealing with the same under this section is not liable to damages or otherwise in respect of such seizure or dealing, or any act incidental to or consequential thereon, unless it is proved that he or she made such seizure without reasonable cause, or that he or she caused damage to the article seized by some wilful neglect or default.