| ANGUILLA Anguilla Anguilla (overseas territory of the United Kingdom) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 13 January 2013 |
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms of the individual
1. Whereas every person in Anguilla is entitled to the fundamental rights and freedoms of the individual, that is to say, 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—
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the 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 an individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
2. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law of Anguilla of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to
such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order lawfully to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
3. (1) No person shall be deprived of his personal liberty save as may be 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 Anguilla 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 the Court of Appeal or such other court as may be prescribed by the Legislature 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 the law of Anguilla;
(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 Anguilla, or for the purpose of effecting the expulsion, extradition
or other lawful removal of that person from Anguilla or for the purpose of restricting that person while he is being conveyed through
Anguilla 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
Anguilla 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 Anguilla in which, in consequence of any other such order, his presence would
otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in a language which
he understands, of the reasons for his arrest or detention.
(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 the law of Anguilla, and 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 under the law of Anguilla 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.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person or
from any other person or authority on whose behalf that person was acting.
(5) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having
committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or
that offence save upon the order of a court.
(6) For the purposes of subsection (1)(b) of this section a person charged before a court with a criminal offence in respect of whom a
special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the
omission shall be regarded as a person who has been convicted of an offence and the detention of a person in consequence of such a
verdict shall be regarded as detention in execution of the order of a court.
Protection from slavery and forced labour
4. (1) No person shall 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 naval, military or air force, any labour that that person is required by law to perform
in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection of freedom of movement
5. (1) 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 Anguilla, the right to reside in any part of Anguilla, the right to enter Anguilla, the right to leave Anguilla and
immunity from expulsion from Anguilla.
(2) 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.
(3) 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) for the imposition of restrictions on the movement or residence within Anguilla of any person or on any person’s right to leave
Anguilla 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 Anguilla or on the right to leave Anguilla 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 on the movement or residence within Anguilla of any person who does not belong to Anguilla or the
exclusion or expulsion from Anguilla of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Anguilla;
(e) for the imposition of restrictions on the movement or residence within Anguilla of public officers, or on the right of public officers to
leave Anguilla;
(f) for the removal of a person from Anguilla to be tried or punished in some other country for a criminal offence under the law of that
other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence
under the law of Anguilla of which he has been convicted; or
(g) for the imposition of restrictions on the right of any person to leave Anguilla that are reasonably required in order to secure the
fulfilment 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 a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a)
of this section so requests at any time during the period of that restriction not earlier than six months after the restriction was imposed or
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 from among persons who hold the office of magistrate in
Anguilla or who are entitled to practise or to be admitted to practise in Anguilla as barristers.
(5) 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 and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any
such recommendations.
Protection from inhuman treatment
6. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
Protection from deprivation of property
7. (1) No interest in or right over any property of any description shall be compulsorily acquired, and no such property shall be
compulsorily taken possession of, except by or under the provisions of a written law which—
(a) prescribes the principles on which and the manner in which adequate compensation thereto is to be determined;
(b) requires the prompt payment of such adequate compensation;
(c) prescribes the manner in which the compensation is to be given; and
(d) the manner of enforcing the right to any such compensation.
(2) Nothing in this section shall be construed as affecting the making or operation of any law so far as that law provides for the taking of
possession or acquisition of any property, interest or right—
(a) in satisfaction of any tax, rate or due; or
(b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of
Anguilla; or
(c) upon the attempted removal of the property in question out of or into Anguilla in contravention of any law; or
(d) by way of the taking of a sample for the purpose of any law; or
(e) where the property consists of an animal upon its being found trespassing or straying; or
(f) as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract; or
(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; or
(h) in the execution of judgments or orders of courts; or
(i) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or
(j) in consequence of any law with respect to the limitation of actions; or
(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—
(i) of work of soil conservation or of conservation of other natural resources; or
(ii) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out.
(3) 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 therefore or for the reasonable restriction of the use of any property for the purpose of safeguarding the interests of others
or the protection of tenants, licensees or others having rights in or over such property.
(4) 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 the Legislature.
(5) 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 or such right or interest has been compulsorily taken possession of or compulsorily
acquired.
Protection from arbitrary search or entry
8. (1) 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.
(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, public revenue, town
and country planning or the development and utilisation of any property in such a manner as to promote the public benefit;
(b) that authorises an officer or agent of the Government of Anguilla, 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 anything thereon for the purpose 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, authority or body corporate, as the case may be;
(c) that is reasonably required for the purpose of preventing or detecting crime;
11 The word “therefor” is indicated as “therefore” in the original.
(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(e) that authorises, 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 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
9. (1) 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.
(2) Any court or other authority prescribed by law for the determination of the existence or the extent of civil rights or obligations 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.
(3) Except with the agreement of all the parties thereto 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 other authority, including the announcement of the decision of
the court or other authority, shall be held in public.
(4) Nothing in subsection (3) of this section shall prevent any court or any other authority such as is mentioned in that subsection from
excluding from the proceedings persons other than the parties thereto and their legal representatives—
(a) in interlocutory civil proceedings; or
(b) in appeal proceedings under any law relating to income tax; or
(c) to such extent as the court or other authority—
(i) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or
(ii) may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality, the welfare of
persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings.
(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
subsection to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.
(6) Every person who is charged with a criminal offence—
(a) shall be informed orally and in writing as soon as reasonably practicable, in a language which he understands, of the nature of the
offence charged;
(b) shall be given adequate time and facilities for the preparation of his defence;
(c) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice;
(d) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court
and to obtain the attendance of witnesses, subject to the payment of their reasonable expenses, and carry out the examination of such
witnesses to testify on his behalf before the court on the same condition as those applying to witnesses called by the prosecution; and
(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the English language.
(7) No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the
maximum penalty which might have been imposed for that offence at the time when it was committed.
(8) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for other criminal offence of which he could have been convicted at the trial for that offence save upon
the order of a superior court made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried
for a criminal offence if he shows that he has been pardoned for that offence:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
subsection to the extent that the law in question authorises any 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; but 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.
(9) When a person is tried for any criminal offence, the accused person or any person authorised 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.
(10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(11) In the case of any person who is held in lawful detention the provisions of subsection (1), subsection (3) and paragraphs (c) and (d)
of subsection (5) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of
persons held in such detention.
(12) In this section “criminal offence” means a criminal offence under the law of Anguilla.
Protection of freedom of conscience
10. (1) Except with his own consent, no person shall 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 his parent or guardian) no person
attending any place of education shall be compelled 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 other than 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 which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that
community in the course of any education provided at any places of education which it wholly maintains or in the course of any education
which it otherwise provides.
(4) No person shall 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 provision which 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 practise 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 persons who receive or may receive instruction in them, 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.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions
shall be construed accordingly.
Protection of freedom of expression
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference,
and freedom from interference with his correspondence and other means of communication.
(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 or 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:
Provided that the provision or, as the case may be, the thing done under the authority thereof is shown to be reasonably justifiable in a
democratic society.
Protection of freedom of assembly and association
12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association,
that is to say, his right peacefully to assemble 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.
(2) No person shall be required as a condition of employment to subscribe to any organisation for membership or admission; nor shall any
person be required to pay dues or other compensation to secure or enjoy such employment or the right thereto; nor shall any person be
prohibited from free access to his place of employment or return therefrom by virtue of his failure to belong or subscribe to any
organisation.
(3) 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—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons; or
(b) that imposes restrictions upon public officers:
Provided that:—
(i) paragraph (a)(ii) of this subsection shall not apply in relation to a provision that operates so as to prohibit a trade union or other
association from carrying out activities preventing or restricting persons who are not members of that trade union or other association
from pursuing a particular trade, profession or employment unless that provision is contained in a written law;
(ii) the provision or, as the case may be, the thing done under the authority of any such law is shown to be reasonably justifiable in a
democratic society.
Protection from discrimination on the grounds of race, etc.
13. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision which is discriminatory
either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall 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 of origin, political opinions, colour, creed or sex 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision—
(a) with respect to persons who do not belong to Anguilla;
(b) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (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 which is the personal law of persons of that description; or
(c) for the imposition of taxation or appropriation of revenue by the Government of Anguilla or any local authority or body for local
purposes.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision with respect to qualifications for service as a public officer, or as a member of a disciplined force or for the
service of a local government authority or a body corporate established by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any
such provision of law as is referred to in subsection (4) or (5) of this section.
(7) 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) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the
rights and freedoms guaranteed by sections 5, 8, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by paragraph
(a), (b) or (g) of subsection (3) of section 5, subsection (2) of section 8, subsection (5) of section 10, subsection (2) of section 11, or
subsection (3) of section 12, as the case may be; or (b) which is reasonably justifiable in a democratic society for the protection or well-
being of women
12 S. 3(a) of S.I. 1990/587
13 S. 3(b) of S.I. 1990/587
(8) Nothing in subsection (2) of this section 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 this Constitution or any other law.
Derogations from fundamental rights and freedoms under emergency powers
14. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 3 or
section 13 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are
reasonably justifiable for dealing with the situation that exists in Anguilla during that period.
Protection of persons detained under emergency laws
15. (1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions
shall apply, that is to say—
(a) he shall, as soon as reasonably practicable and in any case not more than four days after the commencement of his detention, be
furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating
that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six
months, 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 from among persons who are or have been judges of the High Court or the Court of Appeal or are qualified for
appointment as such judges;
(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make
representations to the tribunal appointed for the review of 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 by a legal
representative of his own choice.
(2) On any review by a tribunal in pursuance of this section of 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 subsection (1)(e) of this section shall be construed as entitling a person to legal
representation at public expense.
Enforcement of protective provisions
16. (1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, or is being,
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 which is lawfully available, that
person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection
(1) of this section and may make such 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 the said sections 2 to 15 (inclusive) to the protection of which the
person concerned is entitled:
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, the High Court or a court martial) any question arises as to the
contravention in any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall
if any party to the proceedings so requests, 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) of this section, 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 Legislature may confer or authorise the conferment on the High Court of such powers in addition to those conferred by this
section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction
conferred on 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
17. (1) The Governor may, by Proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for
the purposes of this Chapter.
(2) A declaration of emergency may at any time be revoked by the Governor, by Proclamation which shall be published in the Official
Gazette, and, unless sooner revoked, shall, without prejudice to the making of a further declaration in like manner, expire at the expiration
of ninety days from the date on which it was made.
Interpretation and savings
18. (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 Anguilla other than a court established by a disciplinary law, and includes Her
Majesty in Council and in section 2 of this Constitution a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means—
(a) a naval, military or air force;
(b) the Police Force; or
(c) a prison service;
“legal representative” means a person entitled to be in or to enter Anguilla and entitled to practise as a barrister in Anguilla or, except in
relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practise as a solicitor; and
“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of 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) a declaration of emergency is in force under section 17 of this Constitution.
(3) In relation to any person who is a member of a disciplined force raised under the law of Anguilla, 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 2, 4 and 5 of this Constitution.
(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Anguilla,
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.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms of the individual
1. Whereas every person in Anguilla is entitled to the fundamental rights and freedoms of the individual, that is to say, 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—
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the 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 an individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life
2. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence
under the law of Anguilla of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to
such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order lawfully to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
3. (1) No person shall be deprived of his personal liberty save as may be 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 Anguilla 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 the Court of Appeal or such other court as may be prescribed by the Legislature 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 the law of Anguilla;
(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 Anguilla, or for the purpose of effecting the expulsion, extradition
or other lawful removal of that person from Anguilla or for the purpose of restricting that person while he is being conveyed through
Anguilla 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
Anguilla 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 Anguilla in which, in consequence of any other such order, his presence would
otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in a language which
he understands, of the reasons for his arrest or detention.
(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 the law of Anguilla, and 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 under the law of Anguilla 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.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person or
from any other person or authority on whose behalf that person was acting.
(5) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having
committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or
that offence save upon the order of a court.
(6) For the purposes of subsection (1)(b) of this section a person charged before a court with a criminal offence in respect of whom a
special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the
omission shall be regarded as a person who has been convicted of an offence and the detention of a person in consequence of such a
verdict shall be regarded as detention in execution of the order of a court.
Protection from slavery and forced labour
4. (1) No person shall 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 naval, military or air force, any labour that that person is required by law to perform
in place of such service;
(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection of freedom of movement
5. (1) 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 Anguilla, the right to reside in any part of Anguilla, the right to enter Anguilla, the right to leave Anguilla and
immunity from expulsion from Anguilla.
(2) 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.
(3) 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) for the imposition of restrictions on the movement or residence within Anguilla of any person or on any person’s right to leave
Anguilla 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 Anguilla or on the right to leave Anguilla 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 on the movement or residence within Anguilla of any person who does not belong to Anguilla or the
exclusion or expulsion from Anguilla of any such person;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Anguilla;
(e) for the imposition of restrictions on the movement or residence within Anguilla of public officers, or on the right of public officers to
leave Anguilla;
(f) for the removal of a person from Anguilla to be tried or punished in some other country for a criminal offence under the law of that
other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence
under the law of Anguilla of which he has been convicted; or
(g) for the imposition of restrictions on the right of any person to leave Anguilla that are reasonably required in order to secure the
fulfilment 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 a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a)
of this section so requests at any time during the period of that restriction not earlier than six months after the restriction was imposed or
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 from among persons who hold the office of magistrate in
Anguilla or who are entitled to practise or to be admitted to practise in Anguilla as barristers.
(5) 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 and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any
such recommendations.
Protection from inhuman treatment
6. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
Protection from deprivation of property
7. (1) No interest in or right over any property of any description shall be compulsorily acquired, and no such property shall be
compulsorily taken possession of, except by or under the provisions of a written law which—
(a) prescribes the principles on which and the manner in which adequate compensation thereto is to be determined;
(b) requires the prompt payment of such adequate compensation;
(c) prescribes the manner in which the compensation is to be given; and
(d) the manner of enforcing the right to any such compensation.
(2) Nothing in this section shall be construed as affecting the making or operation of any law so far as that law provides for the taking of
possession or acquisition of any property, interest or right—
(a) in satisfaction of any tax, rate or due; or
(b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of
Anguilla; or
(c) upon the attempted removal of the property in question out of or into Anguilla in contravention of any law; or
(d) by way of the taking of a sample for the purpose of any law; or
(e) where the property consists of an animal upon its being found trespassing or straying; or
(f) as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract; or
(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; or
(h) in the execution of judgments or orders of courts; or
(i) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or
(j) in consequence of any law with respect to the limitation of actions; or
(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—
(i) of work of soil conservation or of conservation of other natural resources; or
(ii) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has
without reasonable excuse refused or failed, to carry out.
(3) 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 therefore or for the reasonable restriction of the use of any property for the purpose of safeguarding the interests of others
or the protection of tenants, licensees or others having rights in or over such property.
(4) 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 the Legislature.
(5) 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 or such right or interest has been compulsorily taken possession of or compulsorily
acquired.
Protection from arbitrary search or entry
8. (1) 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.
(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, public revenue, town
and country planning or the development and utilisation of any property in such a manner as to promote the public benefit;
(b) that authorises an officer or agent of the Government of Anguilla, 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 anything thereon for the purpose 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, authority or body corporate, as the case may be;
(c) that is reasonably required for the purpose of preventing or detecting crime;
11 The word “therefor” is indicated as “therefore” in the original.
(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(e) that authorises, 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 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
9. (1) 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.
(2) Any court or other authority prescribed by law for the determination of the existence or the extent of civil rights or obligations 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.
(3) Except with the agreement of all the parties thereto 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 other authority, including the announcement of the decision of
the court or other authority, shall be held in public.
(4) Nothing in subsection (3) of this section shall prevent any court or any other authority such as is mentioned in that subsection from
excluding from the proceedings persons other than the parties thereto and their legal representatives—
(a) in interlocutory civil proceedings; or
(b) in appeal proceedings under any law relating to income tax; or
(c) to such extent as the court or other authority—
(i) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or
(ii) may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality, the welfare of
persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings.
(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
subsection to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.
(6) Every person who is charged with a criminal offence—
(a) shall be informed orally and in writing as soon as reasonably practicable, in a language which he understands, of the nature of the
offence charged;
(b) shall be given adequate time and facilities for the preparation of his defence;
(c) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice;
(d) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court
and to obtain the attendance of witnesses, subject to the payment of their reasonable expenses, and carry out the examination of such
witnesses to testify on his behalf before the court on the same condition as those applying to witnesses called by the prosecution; and
(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the English language.
(7) No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the
maximum penalty which might have been imposed for that offence at the time when it was committed.
(8) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for other criminal offence of which he could have been convicted at the trial for that offence save upon
the order of a superior court made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried
for a criminal offence if he shows that he has been pardoned for that offence:
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
subsection to the extent that the law in question authorises any 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; but 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.
(9) When a person is tried for any criminal offence, the accused person or any person authorised 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.
(10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(11) In the case of any person who is held in lawful detention the provisions of subsection (1), subsection (3) and paragraphs (c) and (d)
of subsection (5) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of
persons held in such detention.
(12) In this section “criminal offence” means a criminal offence under the law of Anguilla.
Protection of freedom of conscience
10. (1) Except with his own consent, no person shall 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 his parent or guardian) no person
attending any place of education shall be compelled 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 other than 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 which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that
community in the course of any education provided at any places of education which it wholly maintains or in the course of any education
which it otherwise provides.
(4) No person shall 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 provision which 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 practise 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 persons who receive or may receive instruction in them, 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.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions
shall be construed accordingly.
Protection of freedom of expression
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of
this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference,
and freedom from interference with his correspondence and other means of communication.
(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 or 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:
Provided that the provision or, as the case may be, the thing done under the authority thereof is shown to be reasonably justifiable in a
democratic society.
Protection of freedom of assembly and association
12. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association,
that is to say, his right peacefully to assemble 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.
(2) No person shall be required as a condition of employment to subscribe to any organisation for membership or admission; nor shall any
person be required to pay dues or other compensation to secure or enjoy such employment or the right thereto; nor shall any person be
prohibited from free access to his place of employment or return therefrom by virtue of his failure to belong or subscribe to any
organisation.
(3) 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—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons; or
(b) that imposes restrictions upon public officers:
Provided that:—
(i) paragraph (a)(ii) of this subsection shall not apply in relation to a provision that operates so as to prohibit a trade union or other
association from carrying out activities preventing or restricting persons who are not members of that trade union or other association
from pursuing a particular trade, profession or employment unless that provision is contained in a written law;
(ii) the provision or, as the case may be, the thing done under the authority of any such law is shown to be reasonably justifiable in a
democratic society.
Protection from discrimination on the grounds of race, etc.
13. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision which is discriminatory
either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall 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 of origin, political opinions, colour, creed or sex 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 which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision—
(a) with respect to persons who do not belong to Anguilla;
(b) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (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 which is the personal law of persons of that description; or
(c) for the imposition of taxation or appropriation of revenue by the Government of Anguilla or any local authority or body for local
purposes.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision with respect to qualifications for service as a public officer, or as a member of a disciplined force or for the
service of a local government authority or a body corporate established by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any
such provision of law as is referred to in subsection (4) or (5) of this section.
(7) 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) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the
rights and freedoms guaranteed by sections 5, 8, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by paragraph
(a), (b) or (g) of subsection (3) of section 5, subsection (2) of section 8, subsection (5) of section 10, subsection (2) of section 11, or
subsection (3) of section 12, as the case may be; or (b) which is reasonably justifiable in a democratic society for the protection or well-
being of women
12 S. 3(a) of S.I. 1990/587
13 S. 3(b) of S.I. 1990/587
(8) Nothing in subsection (2) of this section 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 this Constitution or any other law.
Derogations from fundamental rights and freedoms under emergency powers
14. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 3 or
section 13 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are
reasonably justifiable for dealing with the situation that exists in Anguilla during that period.
Protection of persons detained under emergency laws
15. (1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions
shall apply, that is to say—
(a) he shall, as soon as reasonably practicable and in any case not more than four days after the commencement of his detention, be
furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating
that he has been detained and giving particulars of the provision of law under which his detention is authorised;
(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six
months, 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 from among persons who are or have been judges of the High Court or the Court of Appeal or are qualified for
appointment as such judges;
(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make
representations to the tribunal appointed for the review of 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 by a legal
representative of his own choice.
(2) On any review by a tribunal in pursuance of this section of 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 subsection (1)(e) of this section shall be construed as entitling a person to legal
representation at public expense.
Enforcement of protective provisions
16. (1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, or is being,
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 which is lawfully available, that
person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection
(1) of this section and may make such 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 the said sections 2 to 15 (inclusive) to the protection of which the
person concerned is entitled:
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, the High Court or a court martial) any question arises as to the
contravention in any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall
if any party to the proceedings so requests, 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) of this section, 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 Legislature may confer or authorise the conferment on the High Court of such powers in addition to those conferred by this
section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction
conferred on 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
17. (1) The Governor may, by Proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for
the purposes of this Chapter.
(2) A declaration of emergency may at any time be revoked by the Governor, by Proclamation which shall be published in the Official
Gazette, and, unless sooner revoked, shall, without prejudice to the making of a further declaration in like manner, expire at the expiration
of ninety days from the date on which it was made.
Interpretation and savings
18. (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 Anguilla other than a court established by a disciplinary law, and includes Her
Majesty in Council and in section 2 of this Constitution a court established by a disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means—
(a) a naval, military or air force;
(b) the Police Force; or
(c) a prison service;
“legal representative” means a person entitled to be in or to enter Anguilla and entitled to practise as a barrister in Anguilla or, except in
relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practise as a solicitor; and
“member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of 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) a declaration of emergency is in force under section 17 of this Constitution.
(3) In relation to any person who is a member of a disciplined force raised under the law of Anguilla, 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 2, 4 and 5 of this Constitution.
(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Anguilla,
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.
Amerindians from South America arrived on the islands around 1300 BCE. The present
constitution was promulgated by the British Parliament as Statutory Instrument 1982 No. 334
on 1 April 1982. It was amended in 1990. First contact by Europeans was either in 1493 on
Christopher Columbus' second voyage or in 1563 or 1564 by French explorer Pierre
Laudonnaire, one of which named the island which means "eel." The Dutch built a fort in
1631 and the English arrived from Saint Kitts in 1650. Possession passed repeatedly
between the British and French but administration by the British was secured in 1744.
Destruction of the Carib Indians led to mass importation of African slaves until abolition of
the practice in the 1830's. In 1824 administration of the island fell under control of Saint Kitts.
Separation from the alliance of Saint Kitts-Nevis- Anguilla was achieved on 7 February 1969
when Anguilla declared itself an independent republic. Formal acknowledgement of the
separation from Saint Kitts and Nevis was recognized by the British government on 19
December 1980 when Anguilla accepted the status as a British Dependency in lieu of full
independence. Human rights are enumerated beginning with Chapter 1 (Protection of
Fundamental Rights and Freedoms) and conform with the 1948 Universal Declaration of
Human Rights though, as an overseas territory, the United Kingdom is the signatory.
Anguilla's human rights provisions are detailed below. For a full English translation of
Anguilla's Constitution, click here.
constitution was promulgated by the British Parliament as Statutory Instrument 1982 No. 334
on 1 April 1982. It was amended in 1990. First contact by Europeans was either in 1493 on
Christopher Columbus' second voyage or in 1563 or 1564 by French explorer Pierre
Laudonnaire, one of which named the island which means "eel." The Dutch built a fort in
1631 and the English arrived from Saint Kitts in 1650. Possession passed repeatedly
between the British and French but administration by the British was secured in 1744.
Destruction of the Carib Indians led to mass importation of African slaves until abolition of
the practice in the 1830's. In 1824 administration of the island fell under control of Saint Kitts.
Separation from the alliance of Saint Kitts-Nevis- Anguilla was achieved on 7 February 1969
when Anguilla declared itself an independent republic. Formal acknowledgement of the
separation from Saint Kitts and Nevis was recognized by the British government on 19
December 1980 when Anguilla accepted the status as a British Dependency in lieu of full
independence. Human rights are enumerated beginning with Chapter 1 (Protection of
Fundamental Rights and Freedoms) and conform with the 1948 Universal Declaration of
Human Rights though, as an overseas territory, the United Kingdom is the signatory.
Anguilla's human rights provisions are detailed below. For a full English translation of
Anguilla's Constitution, click here.