Protection of right to personal liberty |
Protection of right to personal liberty
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The constitution and laws of Barbados
Protection of right to personal liberty
13. 1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say -
a. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Barbados or some other country, in respect of a criminal offense of which he has been convicted;
b. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;
f. in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious disease;
h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Barbados, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Barbados or for the purpose of restricting that person while he is being conveyed through Barbados in the course of his extradition or removal as a convicted prisoner form one country to another; or
j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Barbados in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Barbados as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
3. Any person who is arrested or detained -
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offense.
and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.
6. Where a person is detained by virtue of such a law as is referred to in subsection (5), 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 his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention 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 permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
7. On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the 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. 8. When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.
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Constitution of Barbados
1. Constitution is supreme law 2. Persons who become citizens on 30th November 1966 3. Persons entitled to be registered as citizens 4. Persons born in Barbados after 29th November 1966 5. Persons born outside Barbados after 29th November 1966 6. Marriage to citizen of Barbados 7. Renunciation of citizenship 10. Interpretation 11. Fundamental rights and freedoms of the individual 12. Protection of right to life 13. Protection of right to personal liberty 14. Protection from slavery and forced labour 15. Protection from inhuman treatment 16. Protection from deprivation of property 17. Protection against arbitrary search or entry 18. Provisions to secure protection of law 19. Protection of freedom of conscience 20. Protection of freedom of expression 21. Protection of freedom of assembly and association 22. Protection of freedom of movement 23. Protection from discrimination on grounds of race, etc 24. Enforcement of protective provisions 27. Interpretation 28. Establishment of office of Governor General 30. Deputy to governor General 31. Personal staff of governor General 32. Exercise of Governor General's functions 33. Public Seal 34. Oaths to be taken by Governor General 35. Establishment of Parliament 36. Senate 37. Qualifications for membership of Senate 38. Disqualifications for membership of Senate 39. Tenure of seats of Senators 40. President and Deputy President of Senate 42. Electoral law 43. Qualifications for membership of Assembly 44. Disqualifications for membership of Assembly 45. Tenure of seats of members of Assembly 46. Determination of questions of membership of Senate and Assembly 47. Filling of casual vacancies in Senate and Assembly 49. Alteration of this Constitution 50. Regulation of procedure in Parliament 52. Quorum of Senate 53. Voting in Senate 54. Introduction of Bills, etc 55. Restriction on powers of Senate as to Money Bills 56. Restriction on powers of Senate as to Bills other than Money Bills 57. Provisions relating to sections 54, 55 and 56 58. Asset to Bills 61. Prorogation and dissolution of Parliament 62. General election and appointment of Senators 63. Executive authority of Barbados 64. Cabinet 66. Tenure of office of Ministers 67. Performance of Prime Minister's functions in certain events 69. Oaths to be taken by Ministers 71. Governor General to be informed concerning matters of government 72. Assignment of responsibilities to Ministers 75. Certain vacancies in office of Leader of Opposition 76. Privy Council 77. Proceedings of Privy Council 79. Establishment of office and functions for Director of Public
80. Establishment of Supreme Court
82. Acting Judges
83. Oaths to be taken by Judges
84. Tenure of office of Judges
85. Constitution of Court of Appeal
86. Other arrangements for appeals
87. Appeals relating to fundamental rights and freedoms
88. Appeals to Her Majesty in Council in other cases
89. Establishment and composition of Judicial and Legal Service Commission
90. Establishment and composition of Public Service Commission
91. Establishment and composition of Police Commission
93. Appointment, etc., of judicial and legal officers
94. Appointment, etc., of public officers
95. Delegation of powers under section 94
96. Appointment, etc., of members of the Police Force
97. Delegation of powers under section 96
98. Appeals to Privy Council in disciplinary matters
99. Appointment of permanent secretaries and certain other public officers
100. Appointment, etc., of principal representatives abroad and subordinate staff
101. Appointment, etc., of Director of Public Prosecutions
102. Appointment, etc., of Auditor General
103. Protection of pension rights
104. Grant and withholding of pensions, etc
105. Removal form office of certain persons
106. Protection of Commissions, etc., from legal proceedings
107. Consolidated Fund
108. Estimates
109. Authorization of expenditure
110. Meeting expenditure from Consolidated Fund
111. Public debt
112. Remuneration of governor General and certain other officers
113. Establishment of office and functions of Auditor General
114. Appointments
115. Resignations
116. Vacation of office on attaining a prescribed age
117. Interpretation
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