2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

11.   Power to close premises

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    (1)   Where it appears to a police officer above the rank of inspector, that any premises within an escalated crime area are being used, have been used or are intended to be used for a purpose or in any manner prejudicial to the interest of public safety or public order, the police officer may, by notice, in writing, require the premises to be closed and remain closed until further notice or for a period, not in excess of 48 hours.

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    (2)   Where premises are required to be closed for a period in excess of 48 hours, such action may only be taken and a notice to this effect issued by a police officer above the rank of inspector.

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    (3)   A notice under this section must be published by posting a copy of the notice on the premises affected by the notice and after it is posted, the notice shall remain in full force and effect until revoked or until the period specified in the notice has expired, notwithstanding that the copy of the notice has been destroyed, obliterated or defaced.

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    (4)   A certificate under the hand of a police officer to the effect that he or she is satisfied that a copy of the notice has been posted under subsection (3) shall be admitted in evidence as conclusive proof of the posting of the copy on those premises.

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    (5)   When a notice has been made under this section, a police officer may, without prejudice to any proceedings which may be taken against any person for contravening the notice, take such steps and use such force as may be reasonably necessary to ensure compliance with the notice.

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    (6)   Any person, other than a police officer, who, while a notice under this section is in force, enters or attempts to enter or is found on any premises affected by the notice, commits an offence.

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    (7)   For the purposes of this section, “premises” includes a dwelling house, provided that, in the case of a dwelling house, a notice shall not be made under this section —

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      (a)     except with the approval of the Commissioner of Police; and

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      (b)     unless an enquiry into the fact and circumstances giving rise to such notice has been held by the police officer who proposes to make the notice.

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    (8)   In holding an enquiry under subsection (7), the police officer shall satisfy himself or herself that the persons living in the dwelling house are given adequate opportunity to understand the subject matter of the enquiry and of making representations, and subject, such enquiry shall be conducted in such manner as the police officer thinks fit.

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    (9)   A written report of any enquiry under this section shall be submitted to the Minister as soon as possible after the completion of the report and shall contain a certificate by the police officer that the requirements of this section have been complied with.