The Montserrat Constitution Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2474 |
| Year | 2010 |
2010 No. 2474
Caribbean And North Atlantic Territories
The Montserrat Constitution Order 2010
Made 13th October 2010
Laid before Parliament 20th October 2010
Coming into force in accordance with section 1(2)
At the Court at Buckingham Palace, the 13th day of October 2010
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 19621and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Montserrat Constitution Order 2010.
(2) This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in theGazette(“the appointed day”).
(3) On the appointed day the following provisions of this Order shall have effect as the Constitution of Montserrat; but the Governor, acting in his or her discretion, may by proclamation published in theGazette appoint a later day for the coming into force of section 18(1) to (8), and in that event until that later day the definition of “period of public emergency” in section 21(1) shall have effect as if there were substituted for the words “section 18(1)” the words “the Leeward Islands (Emergency Powers) Order in Council 1959”.
THE CONSTITUTION OF MONTSERRAT
Preamble
Whereas the people of Montserrat are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society;
Believing in the concept of true democracy with free and fair elections;
Acknowledging that their society is founded on social justice, moral and spiritual principles, democratic values and respect for fundamental human rights and the equitable distribution of resources, the rule of law and the supremacy of God;
Recalling their desire for a Constitution which reflects these values and their aspirations for social justice, economic empowerment and political advancement;
Recognising their inherent right to pursue their hopes, visions, aspirations and their right to self-determination;
Now, therefore, the following provisions have effect as the Constitution of Montserrat.
PART I
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
2. Whereas the realisation of the right to self-determination must be promoted and respected in conformity with the provisions of the Charter of the United Nations;
Whereas every person in Montserrat is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status, 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 and of religion, of expression, and of assembly and association;
(c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property save in the public interest and on payment of fair compensation,
the subsequent provisions of this Part shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, and related 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 protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
3.—(1) Every person’s right to life shall be protected by law.
(2) No person shall be deprived intentionally of his or her life.
(3) A person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as the result of a lawful act of war or the use, to such extent and in such circumstances as are permitted by law, of such force as is no more than absolutely necessary—
(a)
(a) for the defence of any person from violence;
(b)
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(c)
(c) in action lawfully taken for the purpose of suppressing a riot, insurrection or mutiny.
Protection from inhuman treatment
4. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Protection from slavery and forced labour
5.—(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, “forced or compulsory labour” does not include—
(a)
(a) any labour required in consequence of the sentence or order of a court;
(b)
(b) any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour that that person is required by law to perform in place of such service;
(c)
(c) labour required of a person while he or she 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 in which he or she is detained; or
(d)
(d) any labour required for the purpose of dealing with any situation arising during a period of public emergency or at a time when any other emergency or calamity threatens the well-being of the community, to the extent that the requiring of such labour is reasonably justifiable for that purpose.
Protection from arbitrary arrest or detention
6.—(1) No person shall be deprived of his or her personal liberty save in any of the following cases where reasonably required and in accordance with a procedure prescribed by law—
(a)
(a) in execution of the sentence or order of a court, whether established for Montserrat or some other country, in respect of a criminal offence of which he or she has been convicted or in consequence of his or her unfitness to plead to a criminal charge;
(b)
(b) in execution of the order of a court punishing him or her for contempt of that court or of another court;
(c)
(c) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him or her by law;
(d)
(d) for the purpose of bringing him or her before a court in execution of the lawful order of a court;
(e)
(e) on reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence;
(f)
(f) in the case of a minor, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her education or welfare;
(g)
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h)
(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 or her care or treatment or the protection of the community;
(i)
(i) for the purpose of preventing the unlawful entry of that person into Montserrat or for the purpose of effecting the expulsion, extradition or other lawful removal from Montserrat of that person or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed promptly, in a language that he or she understands, of the reasons for his or her arrest or detention and of any charge against him or her.
(3) Any person who is arrested or detained shall have the right, at any stage and at his or her own expense, to retain and instruct without delay a legal representative of his or her own choice, and to hold private communication with him or her, and in the case of a minor he or she shall also be afforded a reasonable opportunity for communication with his or her parent or guardian; but when the person arrested or detained is unable to retain a legal representative of his or her own choice or be represented by a legal representative at the public expense, he or she may be represented, and hold private communication with, such person as a court may approve.
(4) Every person who is arrested shall be informed, in a language that he or she understands and as soon as possible after he or she is brought to a police station or other place of custody, of his or her rights under subsection (3); and that person shall also have the right, and shall be informed at the same time that he or she has the right, to remain silent and to have one person informed by the quickest practicable means of his or her arrest and whereabouts.
(5) Any person who is arrested or detained in such a case as is mentioned in subsection (1)(d) or (e) and who is not released shall be brought promptly before a judge or other officer authorised to exercise judicial power.
(6) If any person arrested or detained in such a case as is mentioned in subsection (1)(e) is not tried within a reasonable time he or she shall (without prejudice to any further proceedings that may be brought against him or her) be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for...
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