The constitution and laws of Barbados
Protection of freedom of movement
22. 1. No person shall be deprived of his freedom of movement, that is
to say, the right to move freely throughout Barbados, the right to reside in
any part of Barbados, the right to enter Barbados, the right to leave Barbados
and immunity from expulsion from Barbados.
2. Any restriction on a person's freedom of movement that is involved in his
lawful detention shall not be held to be inconsistent with or in contravention
of this section.
3. Nothing contained in or done under the authority of any law shall be held to
be inconsistence with or in contravention of this section to the extent that
the law in question makes provision -
a. for the imposition of restrictions on the movement or residence within
Barbados of any person or on any person s right to leave Barbados that are
reasonably required in the interests of defence, public safety or public
order;
b. for the imposition of restrictions on the movement or residence within
Barbados or on the right to leave Barbados of persons generally or any class of
persons that are reasonably required in the interests of defence, public
safety, public order, public morality or public health;
c. for the imposition of restrictions on the movement or residence within
Barbados of any person who is not a citizen thereof or the exclusion or
expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or
other property in Barbados;
e. for the imposition of restrictions, on the movement or residence within
Barbados of any person who is not a citizen thereof or the exclusion or
expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or
other property in Barbados;
e. for the imposition of restrictions, by order of a court, on the movement or
residence within Barbados of any person or on any person's right to leave
Barbados either in consequence of this having been found guilty of a criminal
offense under the law of Barbados or for the purpose of ensuring that he
appears before a court at a later date for trial for such a criminal offense
or for preceedings preliminary to trial or for preceding relating to his
extradition or lawful removal from Barbados;
f. for the imposition of restrictions upon the movement or residence within
Barbados or on the right to leave Barbados of public officers or members of a
disciplined force;
g. for the removal of persons from Barbados -
i. to be tried or punished in some other country for a criminal offense under
the law of that country;
ii. to undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offense under the law of Barbados of which
he has been convicted;
iii. to be detained in an institution in some other country for the purpose of
giving effect to the order of a court made in pursuance of a law of Barbados
relating to the treatment of offenders under a specified age; or
iv. to be detained for care or treatment in a hospital or other institution in
pursuance of a law of Barbados relating yo persons suffering from defect or
disease of the mind; or
h. for the imposition of restrictions on the right of any person to leave
Barbados that are reasonably required in order to secure the fulfillment of any
obligations imposed on that person by law.
4. Where a person's freedom of movement is restricted by virtue of such a
provision as is referred to in subsection (3)(a), the following provisions
shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than
five days after the Commencement of the restriction, be furnished with a
statement in writing, in a language that he understands, of the grounds upon
which the restriction has been imposed;
b. not more than fourteen days after the commencement of the restriction, a
notification shall be published in the Gazette stating that his freedom of
movement has been restricted and giving particulars of the provision of law
under which the restriction is authorized;
c. he may from time to time request that his case be reviewed under paragraph
(d) but, where he has made such a request, no subsequent request shall be made
before the expiration of three months from the making of the previous
request;
d. where a request is made under paragraph (c), the case shall, within one
month of the making of the request, be reviewed by an independent and impartial
tribunal established by law and presided over by a person appointed by the
Chief Justice from among persons entitled to practice in Barbados as barristers
or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his
own expense, a legal adviser of his own choice, being a person entitled to
practice as aforesaid, and he and any such legal adviser shall be parted to
make written or oral representations or both to the tribunal appointed for the
review of his case.
5. On any review by a tribunal in pursuance of subsection (4) of the case of
any person whose freedom of movement has been restricted the tribunal may make
recommendations concerning the necessity of expediency of continuing that
restriction to the authority by whom it was ordered, but, unless it is
otherwise provided by law, that authority by whom it was ordered, but, unless,
it is otherwise provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
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