| SAINT KITTS AND NEVIS Federation of Saint Kitts and Nevis Saint Kitts and Nevis Joined United Nations: 23 September 1983 Human Rights as assured by their constitution Updated 21 July 2012 |
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
3.- Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the
right, whatever his race, place of origin, birth, political opinions, colors, 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, equality before the law and the protection of the law;
b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, 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
those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
Protection of right to life.
4.- (1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal
offence of treason or murder 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 subsection (1) 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, or 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.
5.- (1) A person shall not 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;
b) in execution of the sentence or order of a court, whether established for Saint Christopher and Nevis or some other country,
in respect of a criminal offence of which he has been convicted;
c) 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;
d) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
e) for the purpose of bringing him before a court in execution of the order of a court;
f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
g) 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;
h) for the purpose of preventing the spread of an infectious of contagious disease;
i) 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 case or treatment or the protection of the community;
j) for the purpose of preventing the unlawful entry of that person into Saint Christopher and Nevis or for the purpose of
effecting the expulsion, extradition or other lawful removal of that person from Saint Christopher and Nevis or for the purpose
of restricting that person while he is being conveyed through Saint Christopher and Nevis in the course of his extradition or
removal as a convicted prisoner from one country to another; or
k) 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 Christopher and Nevis, 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 Christopher and Nevis 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 not later than forty-eight hours
after such arrest or detention be informed in a language that he understands of the reasons for his arrest or 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 person under the age of eighteen years, 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 before a court without undue delay and in any case not later than seventy-two hours after his
arrest or detention.
(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 a criminal 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) is not tried within a reasonable time, then, 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, and such conditions may include bail so long as it is not excessive.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation thereof 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 of 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)(b) 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 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 of forced labour.
6.- (1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
a) any labour required in consequence of the sentence or order of a court;
b) labour 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 labour 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 defence force, any labour that person is required by law to perform in
place of such service; or
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens
the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the
circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the
purpose of dealing with that situation.
Protection from inhuman treatment.
7.- A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.
Protection from deprivation of property.
8.- (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 by or under the provisions of a law that
prescribes the principles on which and the manner in which compensation therefor is to be determined and given.
(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-
a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right
and the amount of any compensation to which he is entitled; and
b) the purpose of enforcing his right to prompt payment of that compensation:
Provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by
way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a
tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.
(3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such
provisions as may have been made in that behalf by the legislature, with respect to the practice and procedure of any other
tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) or exercisable by the other
tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or
appeals to the High Court or applications to the other tribunal or authority may be brought).
(4) A person who is entitled to compensation by virtue of subsection (1) shall not be prevented from remitting, within a
reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be,
has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that
sum of money (subject to any tax that applies generally to persons remitting moneys but free from any other deduction, charge
or tax made or levied in respect of its remission) to any country of his choice outside Saint Christopher and Nevis.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (4) to the extent that the law in question authorises-
a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the
judgment of a court or pending the determination of civil proceedings to which he is a party;
b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or
c) the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer
to a country outside Saint Christopher and Nevis of capital raised in Saint Christopher and Nevis or in some other country or
derived from the natural resources of Saint Christopher and Nevis.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1)-
a) to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or
right-
i) in satisfaction of any tax, rate or due,
ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be
injurious to the health of human beings, animals or plants;
vi) in consequence of any law with respect to the limitation of actions; or
vii) for so long only as may be necessary for those purposes, for the purposes of any examination, investigation, trial or inquiry
or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other
natural resources or work relating to agricultural development or improvement (being work relating to such development or
improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to
carry out),
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society; or
b) to the extent that the law in question makes provision for the taking of possession of or acquisition of any of the following
property (including an interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the
purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the
beneficial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument
creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(7) Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question makes provision for the compulsory acquisition of any interest
in or right over property, where that property, interest or right is held by a body corporate established by law for public
purposes in which no moneys have been invested other than money provided by Parliament.
(8) Nothing contained in or done under the authority of any law enacted by the Nevis Island Legislature shall be held to be
inconsistent with or in contravention of this section to the extent that the law in question makes provisions for the compulsory
taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that
property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been
invested other than moneys provided by that Legislature.
Protection from arbitrary search or entry.
9.- (1) Except with his own consent, a person shall not be subject to the search of his person or his property or the entry by
others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and
country planning, the development and utilization of mineral resources or the development or utilization of any property for a
purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorizes an officer or agent of the Government, the Nevis Island Administration, a local government authority or a
body corporate established by law for public purposes to enter on the premises of any person in order to inspect those
premises or any thing thereon for the purposes of any tax, rate or due or in order to carry out work connected with any
property that is lawfully on those premises and that belongs to that Government, Administration, authority or body corporate,
as the case may be; or
d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any
person or property by order of a court or entry upon any premises by such an order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Provisions to secure protection of law.
10.- (1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the
offence charged;
c) shall be given adequate time and facilities for the preparation of his defence;
d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own
choice;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before
the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the
trial,
and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to
proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to
adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the
court.
(3) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if
he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it
took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted
shall not again be tried for that offence or for any other criminal offence, save upon the order of a superior court in the course of
appeal or review proceedings relating to the conviction or acquittal.
(6) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
(8) Any court or other authority prescribed by a law for the determination of the existence or extent of any civil right or
obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination
are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any
other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be
prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record
of the proceedings made by or on behalf of the court of other authority.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and all proceedings for the
determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of
the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-
a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would impair
the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age
of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
b) may by a law be empowered or required to do in the interests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden
of proving particular facts;
b) subsection (2)(e) to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account
any punishment awarded him under that disciplinary law.
(13) In the case of any person who is held in lawful detention subsection (1), paragraphs (d) and (e) of subsection (2) and
subsection (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held
in such detention.
(14) In this section "criminal offence" means a criminal offence under a law.
Protection of freedom of conscience.
11.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including
freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with
others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of a person who is his parent
or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a defence
force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion that is not his own.
(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage
any place of education that it wholly maintains and such a community shall not be prevented from providing religious instruction
for persons of that community in the course of any education that it wholly maintains or in the course of any education that it
otherwise provides.
(4) A person shall not be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that
is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provisions that is reasonably required-
a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any
religion without the unsolicited intervention of members of any other religion; or
c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in
them,
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expression shall be construed accordingly.
Protection of freedom of expression.
12.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including
freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to
communicate ideas and information without interference (whether the communication is to the public generally or to any person
or class of persons) and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons of the private
lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the courts or regulating telephony, telegraphy, posts, wireless broadcasting or television; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provisions or, as the case may be, the things done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Protection of freedom of assembly and association.
13.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and
association, that is to say, his right to assembly freely and associate with other persons and in particular to form or belong to
trade unions or other associations for the protection of his interests or to form or belong to political parties or other political
associations.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the rights or freedoms or other persons; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Protection of freedom of movement.
14.- (1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Saint
Christopher and Nevis, the right to reside in any part of Saint Christopher and Nevis, the right to enter Saint Christopher and
Nevis, the right to leave Saint Christopher and Nevis and immunity from expulsion from Saint Christopher and Nevis.
(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 subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1) to the extent that the law in question makes provision-
a) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis of any person or on any
person's right to leave Saint Christopher and Nevis 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 Saint Christopher and Nevis or on the right to leave
Saint Christopher and Nevis of persons generally or any class of persons in the interests of defence, public safety, public order,
public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement or residence within Saint Christopher and Nevis of
any person or on any person's right to leave Saint Christopher and Nevis either in consequence of his having been found guilty
of a criminal offence under any law or for the purpose of ensuring that he appears before a court at a later date for trial of such
a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from
Saint Christopher and Nevis;
d) for the imposition of restriction on the acquisition or use by any person of land or other property in Saint Christopher and
Nevis;
e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Christopher and
Nevis;
f) for the imposition of restrictions upon the movement or residence within Saint Christopher or on the right to leave Saint
Christopher and Nevis of any public officer that are reasonable required for the proper performance of his functions;
g) for the removal of a person from Saint Christopher and Nevis to be tried or punished in some other country for a criminal
offence under the law of that other country or to under go imprisonment in some other country in execution or the sentence or a
court in respect of a criminal offence under a law of which he has been convicted; or
h) for the imposition of restrictions on the right of any person to leave Saint Christopher and Nevis that are reasonably required
in order to secure the fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in democratic society.
(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection
(3)(a) so request at any time during the period of that restriction not earlier than twenty one days after the order imposing the
restriction was made or, as the case may be three months after he last made such a request, his case shall be reviewed by an
independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who hold the
office of magistrate or who are legal practitioners.
(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 or expediency of the continuation of that restriction
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.
Protection from discrimination on grounds of race etc.
15.- (1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its
effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not be treated in a discriminatory manner by any person acting
by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place or origin, birth out of wedlock, political opinions or affiliations, color, sex
or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such
description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such
descriptions.
(4) Subsection (1) shall not apply to any law so far as that law makes provision-
a) for the appropriation of public revenues or other public funds;
b) with respect to persons who are not citizens;
c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected
with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like
matters that is the personal law of persons of that description; or
d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction
or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it
makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, birth out of wedlock, political opinions or affiliations, color, creed or sex) to be required of any person who is
appointed to or to act in any office under the Crown, any office in the service of a local government authority of any office in a
body corporate established by law for public purposes.
(6) Subsection (2) shall not apply to anything that is expressly or by necessary implication authorized to be done by any such
provision of law as is referred to in subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1) of (2) to the extent that the law in question makes provision whereby persons of any such description as is
mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13
and 14, being such a restriction as is authorized by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a),
(b), of (h) of section 14(3).
(8) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of
the provisions of this Constitution except sections 78(1), 79(2), 80(1), 82(1), 83 and 85 (which relate to the appointment etc,
of public officers).
Emergency measures derogating from s.5 of 15.
16.- Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in
contravention of section 5 or 15 to the extent that the law authorizes the taking during any period of public emergency of
measures that are reasonably justifiable for dealing with the situation that exists in Saint Christopher and Nevis or in part of
Saint Christopher and Nevis during that period.
Protection of persons detained in derogation from s.5.
17.- (1) When a person is detained under emergency measures derogating from section 5 by virtue of section 16 the following
provisions shall apply, that is to say-
a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be
informed in a language that he understands and is detail of the grounds upon which he is detained and furnished with a written
statement in English specifying those grounds in detail;
b) not more than 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 provisions of law under which his detention is authorized;
c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more
than three months, his case shall be reviewed by and independent and impartial tribunal established by law and presided over
by a person appointed by the Chief Justice from among persons who hold the office of magistrate or who are legal practitioners;
d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own
choice who shall be permitted to make representations to the tribunal appointed for the review for the case of the detained
person; and
e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to
be represented by a legal practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make
recommendations concerning the necessity or expediency of continuing his detention to the authority by which 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.
(3) Nothing contained in subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public
expense.
Enforcement of protective provisions.
18.- (1) If any person alleges that any of the provisions of section 3 to 17 (inclusive) has been, is being or is likely to be
contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in
relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully
available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
a) to hear and determine any application made by any person in pursuance of subsection (1); and
b) to determine any question arising in the case of any person that is refereed to it in pursuance of subsection (3)
and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the
purpose of enforcing or securing the enforcement of any of the provisions of section 3 to 17 (inclusive):
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of
redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises
as to the contravention of any of the provisions of section 3 to 17 (inclusive), the person presiding in that court may and, if any
party to the proceedings so requests, shall refer the question to the High Court unless, in his opinion, the raising of the question
is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of subsection (3), the High Court shall give its decision upon
the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that
decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the
legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction
and powers conferred on it by or under this section (including rules with respect to the time within which applications may be
brought and references shall be made to the High Court).
Declaration of emergency.
19.- (1) The Governor-General may by proclamation declare that for the purposes of this chapter a state of emergency exists
either in Saint Christopher and Nevis.
(2) A proclamation under subsection (1) shall not be effective unless it includes a declaration that the Governor-General is
satisfied that a public emergency has arisen-
a) because of the possibility that Her Majesty may shortly be at war;
b) because of the occurrence of any accident or natural calamity, or
c) because action has been taken by any person, or there is an imminent threat of action by any person, of such a nature and on
so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial portion of the
community of supplies or services essential to life.
(3) Every declaration of emergency shall lapse-
a) in the case of a declaration made when the National Assembly sitting, at the expiration of a period of seven days beginning
with the date of publication of the declaration; and
b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration
unless it has in the meantime been approved by resolution of the Assembly.
(4) A declaration under subsection (1) that a state of emergency exists in a part of Saint Christopher and Nevis that comprises
or includes all or part of the island of Nevis shall, to the extent that it relates to that island, lapse-
a) in the case of a declaration made when the Nevis Island Assembly is sitting, at the expiration of a period of seven days
beginning with the date of publication of the declaration; and
b) in ant other case, at the expiration of a period of twenty- one days beginning with the date of publication of the declaration,
unless it has in the meantime been approved by resolution of the Assembly.
(5) A declaration of emergency may at any time be revoked by the Governor-General by proclamation.
(6) Unless sooner revoked-
a) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection
(3) shall cease to be in force if that resolution ceases to be in force; and furthermore
b) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection
(4) shall, to the extent that it relates to the island of Nevis, cease to be in force if that resolution ceases to be in force
notwithstanding that a declaration of the National Assembly approving it in pursuance of subsection (3) remains in force.
(7) A resolution of the National Assembly or the Nevis Island Assembly passed for the purposes of this section shall remain in
force for twelve months or such shorter period as may be specified therein:
Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding
twelve months from the date of the resolution effecting the extension, and any such resolution may be revoked at any time by a
further resolution.
(8) A resolution of the National Assembly for the purposes of subsection (3) and a resolution of the Assembly extending any
such resolution shall not be passed in the Assembly unless it is supported by the votes of not less than two-thirds of all the
Representatives and Senators; and a resolution revoking any such resolution shall not be passed unless it is supported by the
votes of a majority of all the Representatives and Senators.
(9) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is
without prejudice to the making of a further declaration of emergency whether before or after that time.
(10) In the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the
Governor-General shall act in accordance with the advice of the Prime Minister but no such advice shall be given without the
concurrence of the Premier.
(11) In this section "declaration of emergency" means a declaration under subsection (1).
Interpretation and savings.
20.- (1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall
be construed accordingly;
"court" means any court of law having jurisdiction in Saint Christopher and Nevis other than a court established by a disciplinary
law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary force" means-
a) a defence force;
b) the Police Force; or
c) a prison service;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline or that force, is
subject to that discipline.
(2) In this Chapter "a period of public emergency" means any period during which-
a) Her Majesty is at war; or
b) there is in force a declaration under section 19 that a state of emergency exists in Saint Christopher and Nevis or in part of
Saint Christopher and Nevis.
(3) In relation to any person who is a member of a disciplined force of Saint Christopher and Nevis, nothing contained in or
done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of
the provisions of this Chapter other than sections 4, 6 and 7.
(4) In relation to any person who is a member of a disciplined force of a country other than Saint Christopher and Nevis and
lawfully present in Saint Christopher and Nevis, nothing contained in or done under the authority of the disciplinary law of that
force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
(5) Nothing in this Chapter shall be construed as empowering the legislature to make any law that would impede the due
exercise by any person or authority (including any authority established for the island of Nevis by Chapter X) of any power or
other functions vested in that person or authority by this Constitution
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
3.- Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the
right, whatever his race, place of origin, birth, political opinions, colors, 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, equality before the law and the protection of the law;
b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, 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
those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
Protection of right to life.
4.- (1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal
offence of treason or murder 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 subsection (1) 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, or 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.
5.- (1) A person shall not 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;
b) in execution of the sentence or order of a court, whether established for Saint Christopher and Nevis or some other country,
in respect of a criminal offence of which he has been convicted;
c) 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;
d) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
e) for the purpose of bringing him before a court in execution of the order of a court;
f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
g) 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;
h) for the purpose of preventing the spread of an infectious of contagious disease;
i) 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 case or treatment or the protection of the community;
j) for the purpose of preventing the unlawful entry of that person into Saint Christopher and Nevis or for the purpose of
effecting the expulsion, extradition or other lawful removal of that person from Saint Christopher and Nevis or for the purpose
of restricting that person while he is being conveyed through Saint Christopher and Nevis in the course of his extradition or
removal as a convicted prisoner from one country to another; or
k) 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 Christopher and Nevis, 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 Christopher and Nevis 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 not later than forty-eight hours
after such arrest or detention be informed in a language that he understands of the reasons for his arrest or 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 person under the age of eighteen years, 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 before a court without undue delay and in any case not later than seventy-two hours after his
arrest or detention.
(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 a criminal 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) is not tried within a reasonable time, then, 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, and such conditions may include bail so long as it is not excessive.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation thereof 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 of 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)(b) 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 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 of forced labour.
6.- (1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
a) any labour required in consequence of the sentence or order of a court;
b) labour 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 labour 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 defence force, any labour that person is required by law to perform in
place of such service; or
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens
the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the
circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the
purpose of dealing with that situation.
Protection from inhuman treatment.
7.- A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.
Protection from deprivation of property.
8.- (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 by or under the provisions of a law that
prescribes the principles on which and the manner in which compensation therefor is to be determined and given.
(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-
a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right
and the amount of any compensation to which he is entitled; and
b) the purpose of enforcing his right to prompt payment of that compensation:
Provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by
way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a
tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.
(3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such
provisions as may have been made in that behalf by the legislature, with respect to the practice and procedure of any other
tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) or exercisable by the other
tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or
appeals to the High Court or applications to the other tribunal or authority may be brought).
(4) A person who is entitled to compensation by virtue of subsection (1) shall not be prevented from remitting, within a
reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be,
has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that
sum of money (subject to any tax that applies generally to persons remitting moneys but free from any other deduction, charge
or tax made or levied in respect of its remission) to any country of his choice outside Saint Christopher and Nevis.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (4) to the extent that the law in question authorises-
a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the
judgment of a court or pending the determination of civil proceedings to which he is a party;
b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or
c) the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer
to a country outside Saint Christopher and Nevis of capital raised in Saint Christopher and Nevis or in some other country or
derived from the natural resources of Saint Christopher and Nevis.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1)-
a) to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or
right-
i) in satisfaction of any tax, rate or due,
ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be
injurious to the health of human beings, animals or plants;
vi) in consequence of any law with respect to the limitation of actions; or
vii) for so long only as may be necessary for those purposes, for the purposes of any examination, investigation, trial or inquiry
or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other
natural resources or work relating to agricultural development or improvement (being work relating to such development or
improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to
carry out),
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society; or
b) to the extent that the law in question makes provision for the taking of possession of or acquisition of any of the following
property (including an interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the
purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the
beneficial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument
creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(7) Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question makes provision for the compulsory acquisition of any interest
in or right over property, where that property, interest or right is held by a body corporate established by law for public
purposes in which no moneys have been invested other than money provided by Parliament.
(8) Nothing contained in or done under the authority of any law enacted by the Nevis Island Legislature shall be held to be
inconsistent with or in contravention of this section to the extent that the law in question makes provisions for the compulsory
taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that
property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been
invested other than moneys provided by that Legislature.
Protection from arbitrary search or entry.
9.- (1) Except with his own consent, a person shall not be subject to the search of his person or his property or the entry by
others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and
country planning, the development and utilization of mineral resources or the development or utilization of any property for a
purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorizes an officer or agent of the Government, the Nevis Island Administration, a local government authority or a
body corporate established by law for public purposes to enter on the premises of any person in order to inspect those
premises or any thing thereon for the purposes of any tax, rate or due or in order to carry out work connected with any
property that is lawfully on those premises and that belongs to that Government, Administration, authority or body corporate,
as the case may be; or
d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any
person or property by order of a court or entry upon any premises by such an order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Provisions to secure protection of law.
10.- (1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the
offence charged;
c) shall be given adequate time and facilities for the preparation of his defence;
d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own
choice;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before
the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the
trial,
and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to
proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to
adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the
court.
(3) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if
he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it
took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted
shall not again be tried for that offence or for any other criminal offence, save upon the order of a superior court in the course of
appeal or review proceedings relating to the conviction or acquittal.
(6) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
(8) Any court or other authority prescribed by a law for the determination of the existence or extent of any civil right or
obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination
are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any
other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be
prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record
of the proceedings made by or on behalf of the court of other authority.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and all proceedings for the
determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of
the decision of the court or other authority, shall be held in public.
(11) Nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-
a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would impair
the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age
of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
b) may by a law be empowered or required to do in the interests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden
of proving particular facts;
b) subsection (2)(e) to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account
any punishment awarded him under that disciplinary law.
(13) In the case of any person who is held in lawful detention subsection (1), paragraphs (d) and (e) of subsection (2) and
subsection (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held
in such detention.
(14) In this section "criminal offence" means a criminal offence under a law.
Protection of freedom of conscience.
11.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including
freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with
others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of a person who is his parent
or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a defence
force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion that is not his own.
(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage
any place of education that it wholly maintains and such a community shall not be prevented from providing religious instruction
for persons of that community in the course of any education that it wholly maintains or in the course of any education that it
otherwise provides.
(4) A person shall not be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that
is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provisions that is reasonably required-
a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any
religion without the unsolicited intervention of members of any other religion; or
c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in
them,
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expression shall be construed accordingly.
Protection of freedom of expression.
12.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including
freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to
communicate ideas and information without interference (whether the communication is to the public generally or to any person
or class of persons) and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons of the private
lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the courts or regulating telephony, telegraphy, posts, wireless broadcasting or television; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provisions or, as the case may be, the things done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Protection of freedom of assembly and association.
13.- (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and
association, that is to say, his right to assembly freely and associate with other persons and in particular to form or belong to
trade unions or other associations for the protection of his interests or to form or belong to political parties or other political
associations.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the rights or freedoms or other persons; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Protection of freedom of movement.
14.- (1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Saint
Christopher and Nevis, the right to reside in any part of Saint Christopher and Nevis, the right to enter Saint Christopher and
Nevis, the right to leave Saint Christopher and Nevis and immunity from expulsion from Saint Christopher and Nevis.
(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 subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1) to the extent that the law in question makes provision-
a) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis of any person or on any
person's right to leave Saint Christopher and Nevis 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 Saint Christopher and Nevis or on the right to leave
Saint Christopher and Nevis of persons generally or any class of persons in the interests of defence, public safety, public order,
public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement or residence within Saint Christopher and Nevis of
any person or on any person's right to leave Saint Christopher and Nevis either in consequence of his having been found guilty
of a criminal offence under any law or for the purpose of ensuring that he appears before a court at a later date for trial of such
a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from
Saint Christopher and Nevis;
d) for the imposition of restriction on the acquisition or use by any person of land or other property in Saint Christopher and
Nevis;
e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Christopher and
Nevis;
f) for the imposition of restrictions upon the movement or residence within Saint Christopher or on the right to leave Saint
Christopher and Nevis of any public officer that are reasonable required for the proper performance of his functions;
g) for the removal of a person from Saint Christopher and Nevis to be tried or punished in some other country for a criminal
offence under the law of that other country or to under go imprisonment in some other country in execution or the sentence or a
court in respect of a criminal offence under a law of which he has been convicted; or
h) for the imposition of restrictions on the right of any person to leave Saint Christopher and Nevis that are reasonably required
in order to secure the fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the
case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in democratic society.
(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection
(3)(a) so request at any time during the period of that restriction not earlier than twenty one days after the order imposing the
restriction was made or, as the case may be three months after he last made such a request, his case shall be reviewed by an
independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who hold the
office of magistrate or who are legal practitioners.
(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 or expediency of the continuation of that restriction
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.
Protection from discrimination on grounds of race etc.
15.- (1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its
effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not be treated in a discriminatory manner by any person acting
by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place or origin, birth out of wedlock, political opinions or affiliations, color, sex
or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such
description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such
descriptions.
(4) Subsection (1) shall not apply to any law so far as that law makes provision-
a) for the appropriation of public revenues or other public funds;
b) with respect to persons who are not citizens;
c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected
with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like
matters that is the personal law of persons of that description; or
d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction
or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it
makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, birth out of wedlock, political opinions or affiliations, color, creed or sex) to be required of any person who is
appointed to or to act in any office under the Crown, any office in the service of a local government authority of any office in a
body corporate established by law for public purposes.
(6) Subsection (2) shall not apply to anything that is expressly or by necessary implication authorized to be done by any such
provision of law as is referred to in subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of
subsection (1) of (2) to the extent that the law in question makes provision whereby persons of any such description as is
mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13
and 14, being such a restriction as is authorized by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a),
(b), of (h) of section 14(3).
(8) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of
the provisions of this Constitution except sections 78(1), 79(2), 80(1), 82(1), 83 and 85 (which relate to the appointment etc,
of public officers).
Emergency measures derogating from s.5 of 15.
16.- Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in
contravention of section 5 or 15 to the extent that the law authorizes the taking during any period of public emergency of
measures that are reasonably justifiable for dealing with the situation that exists in Saint Christopher and Nevis or in part of
Saint Christopher and Nevis during that period.
Protection of persons detained in derogation from s.5.
17.- (1) When a person is detained under emergency measures derogating from section 5 by virtue of section 16 the following
provisions shall apply, that is to say-
a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be
informed in a language that he understands and is detail of the grounds upon which he is detained and furnished with a written
statement in English specifying those grounds in detail;
b) not more than 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 provisions of law under which his detention is authorized;
c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more
than three months, his case shall be reviewed by and independent and impartial tribunal established by law and presided over
by a person appointed by the Chief Justice from among persons who hold the office of magistrate or who are legal practitioners;
d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own
choice who shall be permitted to make representations to the tribunal appointed for the review for the case of the detained
person; and
e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to
be represented by a legal practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make
recommendations concerning the necessity or expediency of continuing his detention to the authority by which 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.
(3) Nothing contained in subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public
expense.
Enforcement of protective provisions.
18.- (1) If any person alleges that any of the provisions of section 3 to 17 (inclusive) has been, is being or is likely to be
contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in
relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully
available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
a) to hear and determine any application made by any person in pursuance of subsection (1); and
b) to determine any question arising in the case of any person that is refereed to it in pursuance of subsection (3)
and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the
purpose of enforcing or securing the enforcement of any of the provisions of section 3 to 17 (inclusive):
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of
redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises
as to the contravention of any of the provisions of section 3 to 17 (inclusive), the person presiding in that court may and, if any
party to the proceedings so requests, shall refer the question to the High Court unless, in his opinion, the raising of the question
is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of subsection (3), the High Court shall give its decision upon
the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that
decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the
Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the
legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction
and powers conferred on it by or under this section (including rules with respect to the time within which applications may be
brought and references shall be made to the High Court).
Declaration of emergency.
19.- (1) The Governor-General may by proclamation declare that for the purposes of this chapter a state of emergency exists
either in Saint Christopher and Nevis.
(2) A proclamation under subsection (1) shall not be effective unless it includes a declaration that the Governor-General is
satisfied that a public emergency has arisen-
a) because of the possibility that Her Majesty may shortly be at war;
b) because of the occurrence of any accident or natural calamity, or
c) because action has been taken by any person, or there is an imminent threat of action by any person, of such a nature and on
so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial portion of the
community of supplies or services essential to life.
(3) Every declaration of emergency shall lapse-
a) in the case of a declaration made when the National Assembly sitting, at the expiration of a period of seven days beginning
with the date of publication of the declaration; and
b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration
unless it has in the meantime been approved by resolution of the Assembly.
(4) A declaration under subsection (1) that a state of emergency exists in a part of Saint Christopher and Nevis that comprises
or includes all or part of the island of Nevis shall, to the extent that it relates to that island, lapse-
a) in the case of a declaration made when the Nevis Island Assembly is sitting, at the expiration of a period of seven days
beginning with the date of publication of the declaration; and
b) in ant other case, at the expiration of a period of twenty- one days beginning with the date of publication of the declaration,
unless it has in the meantime been approved by resolution of the Assembly.
(5) A declaration of emergency may at any time be revoked by the Governor-General by proclamation.
(6) Unless sooner revoked-
a) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection
(3) shall cease to be in force if that resolution ceases to be in force; and furthermore
b) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection
(4) shall, to the extent that it relates to the island of Nevis, cease to be in force if that resolution ceases to be in force
notwithstanding that a declaration of the National Assembly approving it in pursuance of subsection (3) remains in force.
(7) A resolution of the National Assembly or the Nevis Island Assembly passed for the purposes of this section shall remain in
force for twelve months or such shorter period as may be specified therein:
Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding
twelve months from the date of the resolution effecting the extension, and any such resolution may be revoked at any time by a
further resolution.
(8) A resolution of the National Assembly for the purposes of subsection (3) and a resolution of the Assembly extending any
such resolution shall not be passed in the Assembly unless it is supported by the votes of not less than two-thirds of all the
Representatives and Senators; and a resolution revoking any such resolution shall not be passed unless it is supported by the
votes of a majority of all the Representatives and Senators.
(9) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is
without prejudice to the making of a further declaration of emergency whether before or after that time.
(10) In the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the
Governor-General shall act in accordance with the advice of the Prime Minister but no such advice shall be given without the
concurrence of the Premier.
(11) In this section "declaration of emergency" means a declaration under subsection (1).
Interpretation and savings.
20.- (1) In this Chapter, unless the context otherwise requires-
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall
be construed accordingly;
"court" means any court of law having jurisdiction in Saint Christopher and Nevis other than a court established by a disciplinary
law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary force" means-
a) a defence force;
b) the Police Force; or
c) a prison service;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline or that force, is
subject to that discipline.
(2) In this Chapter "a period of public emergency" means any period during which-
a) Her Majesty is at war; or
b) there is in force a declaration under section 19 that a state of emergency exists in Saint Christopher and Nevis or in part of
Saint Christopher and Nevis.
(3) In relation to any person who is a member of a disciplined force of Saint Christopher and Nevis, nothing contained in or
done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of
the provisions of this Chapter other than sections 4, 6 and 7.
(4) In relation to any person who is a member of a disciplined force of a country other than Saint Christopher and Nevis and
lawfully present in Saint Christopher and Nevis, nothing contained in or done under the authority of the disciplinary law of that
force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
(5) Nothing in this Chapter shall be construed as empowering the legislature to make any law that would impede the due
exercise by any person or authority (including any authority established for the island of Nevis by Chapter X) of any power or
other functions vested in that person or authority by this Constitution
On 19 September 1983, the Federation of Saint Kitts and Nevis terminated its status of
association with United Kingdom, declaring its independence and assuming its status within
the Commonwealth of and put into operation its constitution on 23 June 1983. Following the
Declaration of Independence in Chapter I, the "protection of Fundamental Rights and
Freedoms" was elucidated in Chapter II with 19 Articles conforming to the United Nations
Universal Declaration of Human Rights. For the full English text of Saint Kitts and Nevis'
constitution, click here.
association with United Kingdom, declaring its independence and assuming its status within
the Commonwealth of and put into operation its constitution on 23 June 1983. Following the
Declaration of Independence in Chapter I, the "protection of Fundamental Rights and
Freedoms" was elucidated in Chapter II with 19 Articles conforming to the United Nations
Universal Declaration of Human Rights. For the full English text of Saint Kitts and Nevis'
constitution, click here.