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Constitution of Jamaica (1962, rev. 1994)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

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3CHAPTER I. PRELIMINARY

41. Interpretation

51. In this Constitution unless it is otherwise provided or the context otherwise requires—

6 “Act of Parliament” means any law made by Parliament;

7 “the appointed day” means the sixth day of August 1962;

8 “the Broad Seal” means the Broad Seal of Jamaica;

9 “the Cabinet” means the Cabinet established by section 69 of this Constitution;

10 “the Clerk” and “the Deputy Clerk” mean respectively the Clerk and the Deputy Clerk of either House, as the context may require;

11 “the Commonwealth” means Jamaica, any country to which section 9 of this Constitution applies and any dependency of any such country;

12 “the Consolidated Fund” means the Consolidated Fund established by section 114 of this Constitution;

13 “constituency” means an area of Jamaica having separate representation in the House of Representatives;

14 “defence force” means any naval, military or air force of the Crown in right of the Government of Jamaica;

15 “the financial year” means the twelve months ending on the 31st day of March in any year or on such other date as may from time to time be prescribed by Act of Parliament;

16 “the Gazette” means the Jamaica Gazette;

17 “House” means either the Senate or the House of Representatives as the context may require;

18 “Jamaica” has the meaning attributed to that expression in the Jamaica Independence Act, 1962 [FN: 10 & 11 Eliz. 2. c. 40];

19 “law” includes any instrument having the force of law and any unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly;

20 “oath of allegiance” means the oath of allegiance set out in the First Schedule to this Constitution;

21 “Parliament” means the Parliament of Jamaica;

22 “police officer” means a member of the Jamaica Constabulary Force or any force, by whatever name called, for the time being succeeding to the functions of the Jamaica Constabulary Force;

23 “the President” and “the Deputy President” mean respectively the President and the Deputy President of the Senate elected under section 42 of this Constitution;

24 “Privy Council” means the Privy Council established by section 82 of this Constitution;

25 “public office” means any office of emolument in the public service;

26 “public officer” means the holder of any public office and includes any person appointed to act in any such office;

27 “the public service” means, subject to the provisions of subsections (5) and (6) of this section, the service of the Crown in a civil capacity in respect of the Government of Jamaica (including service as a member of the Judicial Service Commission, the Public Service Commission or the Police Service Commission) and includes public service in respect of the former Colony of Jamaica;

28 “session” means, in relation to a House, the sittings of that House commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;

29 “sitting” means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;

30 “the Speaker” and “the Deputy Speaker” mean respectively the Speaker and Deputy Speaker elected under section 43 of this Constitution.

312. Save where this Constitution otherwise provides or the context otherwise requires—

32 a.any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and

33 b.any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.

343. Where by this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.

354. For the purposes of this Constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service.

365. If it is provided by any law for the time being in force that an office (not being an office constituted by this Constitution) shall not be a public office for the purposes of Chapter V of this Constitution, this Constitution shall have effect accordingly as if that provision of that law were enacted herein.

376. In this Constitution “the public service” does not include service in the office of Governor-General, President, Deputy President, Speaker, Deputy Speaker, Minister, Parliamentary Secretary, Leader of the Opposition, Senator, member of the House of Representatives, member of the Privy Council, Judge of the Supreme Court or Judge of the Court of Appeal or Clerk or Deputy Clerk of either House or service on the personal staff of the Governor-General or, subject to the provisions of section 79 of this Constitution, service in the office of Attorney-General.

387. References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:

39Provided that—

40 a.nothing in this subsection shall be construed as conferring on any person or authority power to require a Judge of the Supreme Court or Court of Appeal or the Director of Public Prosecutions or the Auditor-General to retire from the public service; and

41 b.any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.

428. Where any power is conferred by this Constitution to make any Proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such Proclamation, order or directions.

439. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.

4410. Any reference in this Constitution to a law enacted before the commencement of this Constitution shall, unless the context otherwise requires, be construed as a reference to that law as in force immediately before the appointed day.

4511. Where a person is required by this Constitution to make an oath he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.

4612. The Interpretation Act, 1889 [FN: 52 & 53 Vict. c. 63.], as in force on the appointed day, shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

472. Effect of this Constitution

48Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

49CHAPTER II. CITIZENSHIP

503. Persons who become citizens on 6th August 1962

511. Every person who, having been born in the former Colony of Jamaica, is on the fifth day of August 1962 a citizen of the United Kingdom and Colonies shall become a citizen of Jamaica on the sixth day of August 1962.

522. Every person who, having been born outside the former Colony of Jamaica, is on the fifth day of August 1962 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Jamaica in accordance with the provisions of subsection (1) of this section, become a citizen of Jamaica on the sixth day of August 1962.

533. Subsection (2) shall not apply to any person who, before the 1st day of March, 1993, was not entitled to Jamaican citizenship by virtue of the application of that subsection before that date.

543A. 1. A person-

55 a.who was born outside Jamaica before the sixth day of August, 1962;

56 b.who was not before the 1st day of March, 1993, entitled to Jamaican citizenship by virtue of any provisions of this Constitution in force before that date; and

57 c.whose father or mother, on the sixth day of August, 1962, became or would but for his or her death have become a citizen of Jamaica in accordance with subsection (1) of section 3,

58shall become a citizen of Jamaica on the 1st day of March, 1993.

592. Subsection (1) shall not affect the rights of any person who, before the 1st day of March, 1993, was entitled to Jamaican citizenship by virtue of any provision of this Constitution which was in force before that date.

604. Persons entitled to be registered as citizens

611. Any man or woman who, on the fifth day of August 1962 is or had been married to a person—

62 a.who becomes a citizen of Jamaica by virtue of section 3 of this Constitution; or

63 b.who, having died before the sixth day of August 1962 would, but for that person’s death, have become a citizen of Jamaica by virtue of that section,

64shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.

652. Any person who, on the fifth day of August 1962 is a citizen of the United Kingdom and Colonies—

66 a.having become such a citizen under the British Nationality Act, 1948 [FN: 11 & 12 Geo. 6. c. 56.] by virtue of his having been naturalised in the former Colony of Jamaica as a British subject, before that Act came into force; or

67 b.having become such a citizen by virtue of his having been naturalised or registered in the former Colony of Jamaica under that Act,

68shall be entitled, upon making application before the sixth day of August 1964, in such manner as may be prescribed, to be registered as a citizen of Jamaica:

69Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.

703. Any man or woman who on the fifth day of August 1962 is or has been married to a person who subsequently becomes a citizen of Jamaica by registration under subsection (2) of this section shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance to be registered as a citizen of Jamaica.

715. Persons born in Jamaica after 5th August 1962

72Every person born in Jamaica after the fifth day of August 1962 shall become a citizen of Jamaica at the date of his birth:

73Provided that a person shall not become a citizen of Jamaica by virtue of this section if at the time of his birth—

74 a.his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty in right of Her Government in Jamaica and neither of his parents is a citizen of Jamaica; or

75 b.his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

766. Persons born outside Jamaica after 5th August 1962

771. A person born outside Jamaica after the fifth day of August 1962 shall become a citizen of Jamaica at the date of his birth if at that date his father is a citizen of Jamaica otherwise than by virtue of this section or subsection (2) of section 3 of this Constitution.

782. Subsection (1) shall not apply to any person who, before the 1st day of March, 1993, was not entitled to Jamaican citizenship by virtue of the application of subsection (1) before the date.

793. Any person-

80 a.who is born outside Jamaica after the fifth day of August, 1962;

81 b.who was not, before the 1st day of March, 1993, entitled to Jamaican citizenship by virtue of any provision of this Constitution in force before that day; and

82 c.whose father or mother is, at the date of the person's birth, a citizen of Jamaica other than by virtue of this section or subsection (2) of section 3 of this Constitution,

83shall become a citizen of Jamaica with effect from the 1st day of March, 1993, or the date of the person's birth, whichever is the later.

844. Subsection (3) shall not affect the right of any person who, before the 1st day of March, 1993, was entitled to Jamaican citizenship by virtue of any provision of this Constitution in force before that date.

857. Marriage to citizen of Jamaica

86Any man or woman who, after the fifth day of August 1962, marries a person who is or becomes a citizen of Jamaica shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.

878. Deprivation of citizenship on acquisition or exercise of rights of another citizenship

881. If the Governor-General is satisfied that any citizen of Jamaica has at any time after the fifth day of August 1962 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other than Jamaica, the Governor-General may by order deprive that person of his citizenship.

892. If the Governor-General is satisfied that any citizen of Jamaica has at any time after the fifth day of August 1962 voluntarily claimed and exercised in a country other than Jamaica any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Governor-General may by order deprive that person of his citizenship.

909. Commonwealth citizens

911. Every person who under this Constitution or any Act of Parliament is a citizen of Jamaica or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

922. Every person who is a British subject without citizenship under the British Nationality Act, 1948 [FN: 11 & 12 Geo. 6. c. 56.], or who continues to be a British subject under section 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.

933. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, the Federation of Malaya, the Federation of Nigeria, the Republic of Cyprus, Sierra Leone, Tanganyika, the Federation of Rhodesia and Nyasaland and the State of Singapore.

9410. Criminal liability of Commonwealth citizens

95A Commonwealth citizen who is not a citizen of Jamaica, or a citizen of the Republic of Ireland who is not a citizen of Jamaica, shall not be guilty of an offence against any law in force in Jamaica by reason of anything done or omitted in any part of the Commonwealth other than Jamaica or in the Republic of Ireland or in any foreign country unless—

96 a.the act or omission would be an offence if he were an alien; and

97 b.in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.

9811. Powers of Parliament

99Parliament may make provision—

100 a.for the acquisition of citizenship of Jamaica by persons who do not become citizens of Jamaica by virtue of the provisions of this Chapter;

101 b.for depriving of his citizenship of Jamaica any person who is a citizen of Jamaica otherwise than by virtue of section 3 or section 5 or section 6 of this Constitution; or

102 c.for the renunciation by any person of his citizenship of Jamaica.

10312. Interpretation

1041. In this Chapter—

105 “alien” means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

106 “British protected person” means a person who is a British protected person for the purposes of the British Nationality Act, 1948 [FN: 11 & 12 Geo. 6. c. 56.];

107 “foreign country” means a country (other than the Republic of Ireland) that is not part of the Commonwealth;

108 “prescribed” means prescribed by or under any Act of Parliament.

1092. [deleted]

1103. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

1114. Any reference in this Chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after the death of his parent, be construed as a reference to the national status of the parent at the time of that parent's death; and where that death occurred before the fifth day of August, 1962, the national status that the parent would have had if he or she had died on the sixth day of August, 1962, shall be deemed to be his or her national status at the time of death.

112CHAPTER III. FUNDAMENTAL RIGHTS AND FREEDOMS

11313. Fundamental rights and freedoms of the individual

114Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, 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—

115 a.life, liberty, security of the person, the enjoyment of property and the protection of the law;

116 b.freedom of conscience, of expression and of peaceful assembly and association; and

117 c.respect for his private and family life,

118the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

11914. Protection of right to life

1201. No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

1212. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case—

122 a.for the defence of any person from violence or for the defence of property;

123 b.in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

124 c.for the purpose of suppressing a riot, insurrection or mutiny; or

125 d.in order lawfully to prevent the commission by that person of a criminal offence,

126or if he dies as the result of a lawful act of war.

12715. Protection from arbitrary arrest or detention

1281. No person shall be deprived of his personal liberty save as may in any of the following cases be authorised by law—

129 a.in consequence of his unfitness to plead to a criminal charge; or

130 b.in execution of the sentence or order of a court, whether in Jamaica or elsewhere, in respect of a criminal offence of which he has been convicted; or

131 c.in execution of an order of the Supreme 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; or

132 d.in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law; or

133 e.for the purpose of bringing him before a court in execution of the order of a court; or

134 f.upon reasonable suspicion of his having committed or of being about to commit a criminal offence; or

135 g.in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; or

136 h.for the purpose of preventing the spread of an infectious or contagious disease; or

137 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; or

138 j.for the purpose of preventing the unlawful entry of that person into Jamaica, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Jamaica or the taking of proceedings relating thereto; or

139 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 Jamaica 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 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 Jamaica in which, in consequence of any such order, his presence would otherwise be unlawful.

1402. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which he understands, of the reasons for his arrest or detention.

1413. Any person who is arrested or detained—

142 a.for the purpose of bringing him before a court in execution of the order of a court; or

143 b.upon reasonable suspicion of his having committed or being about to commit a criminal offence,

144and who is not released, shall be brought without delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

1454. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person.

1465. 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 authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.

1476. If any person who is lawfully detained by virtue only of such a law as is referred to in subsection (5) of this section so requests at any time during the period of that detention not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice of Jamaica from among the persons entitled to practise or to be admitted to practise in Jamaica as barristers or solicitors.

1487. On any review by a tribunal in pursuance of subsection (6) of this section of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

14916. Protection of freedom of movement

1501. No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Jamaica, the right to reside in any part of Jamaica, the right to enter Jamaica and immunity from expulsion from Jamaica.

1512. Any restriction on a person’s freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

1523. 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—

153 a.which is reasonably required in the interests of defence, public safety, public order, public morality or public health; or

154 b.for the imposition of restrictions on the movement or residence within Jamaica of any person who is not a citizen thereof or the exclusion or expulsion from Jamaica of any such person; or

155 c.for the imposition of restrictions on the acquisition or use by any person of land or other property in Jamaica; or

156 d.for the imposition of restrictions upon the movement or residence within Jamaica of public officers, police officers or members of a defence force; or

157 e.for the removal of a person from Jamaica to be tried outside Jamaica for a criminal offence or to undergo imprisonment outside Jamaica in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

1584. If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in paragraph (a) of subsection (3) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice of Jamaica from among the persons entitled to practise or to be admitted to practise in Jamaica as barristers or solicitors.

1595. On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing 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.

16017. Protection from inhuman treatment

1611. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

1622. 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 authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day.

16318. Compulsory acquisition of property

1641. 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 by or under the provisions of a law that—

165 a.prescribes the principles on which and the manner in which compensation therefor is to be determined and given; and

166 b.secures to any person claiming an interest in or right over such property a right of access to a court for the purpose of—

167 i.establishing such interest or right (if any);

168 ii.determining the amount of such compensation (if any) to which he is entitled; and

169 iii.enforcing his right to any such compensation.

1702. Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property—

171 a.in satisfaction of any tax, rate or due;

172 b.by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence;

173 c.upon the attempted removal of the property in question out of or into Jamaica in contravention of any law;

174 d.by way of the taking of a sample for the purposes of any law;

175 e.where the property consists of an animal upon its being found trespassing or straying;

176 f.as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract;

177 g.by way of the vesting or administration of trust property, enemy property, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up;

178 h.in the execution of judgments or orders of courts;

179 i.by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;

180 j.in consequence of any law with respect to the limitation of actions;

181 k.for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon—

182 i.of work of soil conservation or the conservation of other natural resources; or

183 ii.of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out.

1843. Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

1854. Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by Parliament or by the Legislature of the former Colony of Jamaica.

1865. In this section “compensation” means the consideration to be given to a person for any interest or right which he may have in or over property which has been compulsorily taken possession of or compulsorily acquired as prescribed and determined in accordance with the provisions of the law by or under which the property has been compulsorily taken possession of or compulsorily acquired.

18719. Protection for privacy of home and other property

1881. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

1892. 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 which is reasonably required—

190 a.in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilisation of any property in such a manner as to promote the public benefit; or

191 b.to enable any body corporate established by any law for public purposes or any department of the Government of Jamaica or any local government authority to enter on the premises of any person in order to carry out work connected with any property or installation which is lawfully on such premises and which belongs to that body corporate or that Government or that authority, as the case may be; or

192 c.for the purpose of preventing or detecting crime; or

193 d.for the purpose of protecting the rights or freedoms of other persons.

19420. Provisions to secure protection of law

1951. Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

1962. Any court or other authority prescribed by law for the determination of the existence or the extent of civil rights or obligations 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.

1973. All proceedings of every court and proceedings relating to the determination of the existence or the extent of a person’s civil rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.

1984. Nothing in subsection (3) of this section shall prevent any court or any authority such as is mentioned in that subsection from excluding from the proceedings persons other than the parties thereto and their legal representatives—

199 a.in interlocutory civil proceedings; or

200 b.in appeal proceedings under any law relating to income tax; or

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