Antigua and Barbuda

The Antigua and Barbuda Constitutional Order 1981

CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

PROTECTION OF RIGHT TO PERSONAL LIBERTY.

5.- 1. No person shall be deprived of his personal liberty save as may be authorised 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 Antigua and Barbuda or some other country, in respect of a criminal offence of which he has been convicted ;
c. in execution of an order of the High Court or of the Court of Appeal or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal ;
d. in execution of the order of a court made in order to secure the fulfilment 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 of 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 or 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 care or treatment or the protection of the community ;
j. for the purpose of preventing the unlawful entry of that person into Antigua and Barbuda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Antigua and Barbuda or for the purpose of restricting that person while he is being conveyed through Antigua and Barbuda 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 Antigua and Barbuda 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 relating 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 Antigua and Barbuda in which, in consequence of any such order, his presence would otherwise be unlawful.

Keywords

Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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