Revised Laws of Saint Lucia (2023)

19.   Detention of persons

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   (1)   A police officer may detain a person if he or she reasonably suspects that the person is committing, has committed or is about to commit, or has been involved in the preparation, instigation or facilitation of an escalated crime or an offence under this Act.

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   (2)   A person detained under subsection (1) shall be detained in such place, whether within or outside of the escalated crime area and for a period not exceeding 144 hours, as authorized by the Commissioner of Police.

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   (3)   An ex parte application may be made to a judge to detain the person and extend the period of detention authorized by the Commissioner of Police under subsection (2).

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   (4)   A judge may, on an ex parte application made under subsection (3), order the Commissioner of Police to release the person from detention, subject to any conditions, as the judge thinks fit, including the following —

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      (a)     imposing on such person such restrictions as may be specified in respect of —

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         (i)     his or her place of residence, and

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         (ii)     his or her association or communication with other persons;

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      (b)     prohibiting such person from being out of doors between such hours as may be so specified except with the authority of a written permit granted by the Commissioner of Police;

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      (c)     prohibiting or restricting the possession or use by such person of any articles so specified;

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      (d)     requiring such person to notify of his or her movements in such manner, at such times and to the Commissioner of Police;

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      (e)     prohibiting such person from proceeding beyond such distance from his place of residence as may be so specified, except with the authority of a written permit granted by the Commissioner of Police.

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   (5)   A person who fails to comply with a condition attached to or restriction imposed by a direction given under subsection (4), commits an offence.

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   (6)   For the avoidance of doubt, the powers exercisable under this Act are exercisable in respect of a person detained at a place outside of the escalated crime area, and while being transported to or from any such place, under subsection (4), as if the person were located in the escalated crime area.

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   (7)   In selecting a place of detention for the purposes of subsection (4), the matters to which the Commissioner of Police, may have regard include —

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      (a)     the physical accommodations, for the detention, available in the escalated crime area; and

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      (b)     the likelihood of further prejudice to public safety or public order if the person is detained in the escalated crime area.