OFFENCES UNDER THE:-

1) Disaster Risk Management Act

2) Noise Abatement Act

3) Spirit License Act

 DISASTER RISK MANAGEMENT ACT (D.R.M.A)
Breach of the measure requiring businesses to close at a particular time

Failed to comply with a measure specified by order pursuant to section 26(2) of the Disaster Risk
Management Act, contrary to section 52(1)(c) of the disaster Risk management act, to wit, to
close ( ) by ( ).

Breach of the measure imposing a limit on gatherings in a public place

Failed to comply with a measure specified by order pursuant to section 26(2) of the Disaster Risk
Management Act, contrary to section 52(1)(c) of the disaster Risk management act, to wit, was
part of a gathering in public place that exceed ( ) persons.

Breach of Curfew Order

Failed to comply with a measure specified by order pursuant to section 26(2) of the Disaster Risk
Management Act, contrary to section 52(1)(c) of the disaster Risk management act, to wit, to
remain at an abode or place of residence during the hours of ( )pm on (
) and ( )am on ( ).

Failure to maintain Social Distance

Failed to comply with a measure specified by order pursuant to section 26(2) of the Disaster Risk
Management Act, contrary to section 52(1)(c) of the disaster Risk management act, to wit, to
maintain a distance of 6 feet from other persons in a public place.

Failure to wear mask in a public place

Failed to comply with a measure specified by order pursuant to section 26(2) of the Disaster Risk
Management Act, contrary to section 52(1)(c) of the disaster Risk management act, to wit, to
wear mask in a public place.
 NOISE ABATEMENT ACT
Failure to obtain permission from the Superintendent of Police

Unlawfully failed to obtain the permission of the Superintendent of Police incharge

____________________Division for the amplification of sound to provide for entertainment in a
public place at _____________________________ in the parish of ______________________
in circumstances where the music was reasonably capable of disturbing any person occupying or
residing in a private premise.

Contrary to section 5 (1) of the Noise Abatement Act

Breach Noise Abatement act (Occupier of Premises)

Being the occupier of premises
allowed a sound system, viz to be unlawfully played
in such a manner that the sound was audible beyond 100 meters from its source and caused
annoyance to persons in the vicinity of

You being present at the time, took no reasonable step to prevent the commission of the said
offence.

Contrary to section 4 (1) of the Noise Abatement Act

Breach of Noise Abatement Act (Sound System Operator)

Did unlawfully operate a loudspeaker in a such a manner that the sound was audible beyond a
distance of one hundred meters from the source of such sound, which was reasonably capable of
causing annoyance to persons in that vicinity.

Contrary to section 3 (1)(b) of the Noise Abatement Act

SPIRIT LICENCE ACT

Selling Spirit Without a Licence

Did unlawfully sell___________________________________________________

on premises located at ____________________________________________ the said premises
not being licensed to sell under the Spirit Licence Act

Contrary to section 3 of the Spirit Licence Act

 GUIDELINE RE DISASTER RISK MANAGEMENT OFFENCE

Applicable legislation: DISASTER RISK MANAGEMENT ACT, 2015

Jurisdiction: Parish Court

Charging Section: Section 52 of the DISASTER RISK MANAGEMENT ACT, 2015

Every person who does the following act commits an offence:

1. Assault or obstruct Director-General or any authorized officer acting in exercise of function

under the Act.

2. Without reasonable cause, fail to complies with direction given or request imposed by
authorize officer in keeping with Section 27 (b), (g), (h), (p) or (r).

3. Failed to furnish information required based on the Act or Orders pursuant to the Act, or
furnish false information.

NB: In keeping with the interpretation Clause a member of the JCF is an Authorized Officer.

Fine and Imprisonment: 1 Million Dollars or term of imprisonment not exceeding 12 months

PROCESS TO FOLLOW BEFORE CHARGING UNDER THE ACT – SECTION 27 (5)

Step 1: Ensure that the action of the person and the Order that is said to have been breached
relates to one of the named provision at Section 27 (b), (g), (h), (p) or (r) of the Disaster Risk
Management Act.

Step 2: Warn that it is an offence under S52 to fail to comply to directive without reasonable
excuse.

SUBMISSION OF FILE WHEN PERSON IS CHARGED

The following MUST be submitted:

1. Properly worded # 1 Information, dated and signed and sealed by Justice of the Peace or Clerk
of Courts.

2. Statement of the Officer (to include Arresting Officer if different from Investigating Officer
and Corroborating Officer’s statement).
3. A copy of the at least the page of the Order containing the breached provision along with the
1st page of said Order