- CONSTITUTION OF SAINT VINCENT AND THE GRENADINES
- CHAPTER 1 PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
- CHAPTER II THE GOVERNOR-GENERAL
- CHAPTER III PARLIAMENT
- CHAPTER IV THE EXECUTIVE
- CHAPTER V FINANCE
- CHAPTER VI THE PUBLIC SERVICE
- CHAPTER VII CITIZENSHIP
- CHAPTER VIII JUDICIAL PROVISIONS
- CHAPTER IX MISCELLANEOUS
- THE SCHEDULE TO THE CONSTITUTIONALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
- SCHEDULE 2 TO THE ORDER TRANSITIONAL PROVISIONS
- EXPLANATORY NOTE
Last updated / Ultima actualización: November 11, 2005
CONSTITUTION OF SAINT VINCENT AND THE GRENADINES
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STATUTORY INSTRUMENTS 1979 No. 916
SAINT VINCENT
The Saint Vincent Constitution Order 1979 Made: 26th July 1979 Coming into Operation: 27th October 1979 At the Court of Saint James, the 26th day of July 1979 Present, The Counsellors of State in Council
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased,by Letters Patent dated the 16th day of July 1979, to delegate to the six counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:
And whereas the status of association of Saint Vincent with the United Kingdom is to terminate on 27th October 1979 and it is necessary to establish a new constitution for Saint Vincent upon its attainment or fully responsible status within the Commonwealth with the style of Saint Vincent and the Grenadines:
And whereas the Associated State of Saint Vincent has, by a resolution passed in the House of Assembly thereof on 9th February 1979, requested and consented to the making of this Order for that purpose:
Now, therefore, Here Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 5(4) of the West Indies Act 1967(a) and all other powers enabling Her Majesty, do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows:--
1.- 2.- The Saint Vincent Constitution Order 1969(b) and the Saint Vincent (Constitution) Act 1975(c), which made provision for the constitution of the Associated State of Saint Vincent are revoked.
3.- The Constitution set out in Schedule 1 to this Order shall come into effect in Saint Vincent at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.
N.E. Leigh,
Clerk of the Privy Council.
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF SAINT VINCENT AND THE GRENADINES
Arrangement of Sections
CHAPTER I Protection of Fundamental Rights and Freedoms
Section CHAPTER II The Governor-General CHAPTER III Parliament
Part 1 Composition of Parliament Part 2 Legislation and procedure of Parliament Part 3 Summoning, prorogation and dissolution CHAPTER IV The Executive CHAPTER V Finance CHAPTER VI The Public Service
Part 1 The Public Service Commission Part 2 Appointments, etc., to particular offices. Part 3 The Police Part 4 The Public Service Board of Appeal Part 5 Pensions CHAPTER VII Citizenship CHAPTER VIII Judicial Provisions CHAPTER IX Miscellaneous THE SCHEDULE
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
Part 1 Provisions of Constitution referred to in section 38(3)
Part 2 Provisions of Supreme Court Order referred to in section 38(3)
WHEREAS the Peoples of the Island of Saint Vincent, who are known as Vincentians- AND WHEREAS Saint Vincent (which comprises the inhabited islands of Saint Vincent, Bequia, Union Island, Canouan, Mustique, Mayreau, Petite Saint Vincent, Prune Islands and all other inhabited or uninhabited islands, islets, cays or lands lying between latitudes 12 31'50''N and 13 23'30''N and longitudes 61 07'30''W and 61 28'00''W) is henceforth to be styled Saint Vincent and the Grenadines:-
CHAPTER 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms
1. Where every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions,
color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, of expressions and of assembly and association: and
c. protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of other or the public interest.
Protection of right to life.
2. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. for the purpose of suppressing a riot, insurrection or mutiny; or
d. in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3. (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 execution of the sentence or order of a court, whether established for Saint Vincent or some other country, in respect of a criminal offence of which he has been convicted;
b. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that 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 offence under any law.
f. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
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 vagrant, for the purpose of his care or treatment of the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Saint Vincent, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Vincent or for the purpose of restricting that person while he is being conveyed through Saint Vincent in the course of his extradition or removal as a convicted prisoner from 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 Saint Vincent, 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 Saint Vincent in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall with reasonable promptitude and in any case no later than twenty-four hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest of detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a minor, with his parents 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 offence under any law.
and who is not released, shall be brought without undue delay before a court.
(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.
(5) If any person arrested or detained as mentioned in subsection (3)b. of this section is not tried within a reasonable time, without prejudice to any further proceedings that 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.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefore from that other person or from any other person or authority on whose behalf that other person was acting;
Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.
(7) For the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.
Protection from slavery and forced labor.
4. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this section, the expression "forced labor" does not include_
a. any labor required in consequence of the sentence or order or a court;
b. labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c. any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service;
d. any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
Protection from inhuman treatment
5. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
Protection from deprivation or property
6. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation.
(2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for-