CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
3. Protection of right to personal liberty
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 execution of the sentence or order of a court, whether established for Grenada or some other country, in respect of a criminal offence of which he has been convicted ;
b. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal ;
c. in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law ;
d. for the purpose of bringing him before a court in execution of the order of a court ;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Grenada ;
f. 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 ;
g. for the purpose of preventing the spread of an infectious or contagious disease ;
h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community ;
i. for the purpose of preventing the unlawful entry of that person into Grenada, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Grenada or for the purpose of restricting that person while he is being conveyed through Grenada in the course of his extradition or removal as a convicted prisoner from one country to another ; or
j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Grenada, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Grenada in which, in consequence of any such order, his presence would otherwise be unlawful.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
3. Protection of right to personal liberty
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
3. Protection of right to personal liberty
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 Grenada,
and who is not released, shall be brought without undue delay before a court.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
3. Protection of right to personal liberty
5. If any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
8. Provisions to secure protection of law
1. If any person is charged with a criminal offence, then, unless the charge is withdrawn,
the case shall be afforded a fair hearing within a reasonable time by an independent and
impartial court established by law.
2. Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence unless he so
conducts himself as to render the continuance of the proceedings in his presence impracticable
and the court has ordered him to be removed and the trial to proceed in his absence:
Provided that, in such circumstances as may be prescribed by law, the trial may take place in the absence of the person charged so long as no punishment of death or imprisonment (other than imprisonment in default of payment of a fine) is awarded in the event of his conviction.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
8. Provisions to secure protection of law
7. No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
8. Provisions to secure protection of law
8. Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial ; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
''TITLE XI, 67A. Public to be excluded in sexual cases''
Notwithstanding section 10(iv), or any other law, a Judge or Magistrate shall, in any matter before him or her involving a sexual offence or indecent assault, order that no person other than the officers of the Court, the virtual complainant, other persons engaged in the prosecution, and the accused, his or her witnesses and his or her Counsel, if any, shall have access to or remain in the room or building in which the matter is being heard.
''BOOK II Procedure Relating to Summary Offences PART II Proceedings up to Hearing TITLE XII Institution of Proceedings, 70A. Public to be excluded from sexual cases''
Notwithstanding section 104(iv), or any other law, a Judge or Magistrate shall, in any matter before him or her involving a sexual offence or indecent assault, order that no person other than the officers of the Court, the virtual complaint, other persons engaged in the prosecution, and the accused, his or her witnesses and his or her Counsel, if any, shall have access to or remain in the room or building in which the matter is being heard.''
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XV Proceedings up to Committal, 99. Person arrested upon warrant: how dealt with''
When any person is arrested upon a warrant he or she shall be brought before a Magistrate, as soon as may be practicable after his or her arrest, and the Magistrate shall either proceed with the preliminary inquiry or postpone it to a future time, in which latter case he or she shall either commit the accused to prison, or admit him or her to bail, or permit him or her to be at large on his or her own recognisance, according to the provisions hereinafter contained.
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XV Proceedings up to Committal, 103. Reading of evidence to and charging of accused''
(1) After the examination of the witnesses on the part of the prosecution has been completed, and the depositions have been signed as aforesaid, the Magistrate shall, unless he or she discharges the accused, address him or her in these words, or to the like effect: “Having heard the evidence, do you wish to say anything in answer to the charge? You are not bound to say anything, but whatever you do say will be taken down in writing, and may be given in evidence against you at your trial.”
(2) Whatever the accused then says in answer thereto shall be taken down in writing, as nearly as possible in the accused person’s own words, and shall be signed by him or her, if he or she will, and by the Magistrate, and kept with the depositions of the witnesses, and may, without further proof, be given in evidence at the trial.
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XV Proceedings up to Committal, 105. Discharge of accused ''
(1) When all the witnesses on the part of the prosecutor and of the accused, if any, have been examined, the Magistrate shall, if upon the whole of the evidence he or she is of opinion that no sufficient case is made out to put the accused upon his or her trial, discharge him or her; and in such case any recognisance taken in respect of the charge shall become void.
''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XVII
Mode of Trial, 131. Statement of certain inadmissible objections to court''
No count shall be deemed objectionable or insufficient on any of the following grounds, that is to say, that it—
(a)contains one name only of the accused;
(b)contains one name only or does not contain the name of the person injured; (c)does not state who is the owner of any property therein mentioned;
(d)charges an intent to defraud without naming or describing the person whom it was intended to defraud;
(e)does not set out any document which may be the subject of the charge;
(f)does not set out the words used where words used are the subject of the charge;
(g)does not specify the means by which the offence was committed;
(h)does not specify the parish in which the offence was committed; or
(i)does not name or describe with precision any person or thing:
Provided that the Court may, if it is satisfied that it is necessary for a fair trial, order that the Crown shall furnish particulars further describing the person, document, words, means or thing.
''BOOK III, Procedure Relating to Indictable Offences, PART IV, Preliminary Inquiry before a Magistrate,
TITLE XV, Proceedings up to Committal Proceedings on Appearance of Accused, 99. Person arrested upon warrant: how dealt with''
When any person is arrested upon a warrant he or she shall be brought before a Magistrate, as soon as may be practicable after his or her arrest, and the Magistrate shall either proceed with the preliminary inquiry or postpone it to a future time, in which latter case he or she shall either commit the accused to prison, or admit him or her to bail, or permit him or her to be at large on his or her own recognisance, according to the provisions hereinafter contained.
''BOOK III, Procedure Relating to Indictable Offences, PART IV, Preliminary Inquiry before a Magistrate,
TITLE XV, Proceedings up to Committal Proceedings on Appearance of Accused, 99. Person arrested upon warrant: how dealt with''
When any person is arrested upon a warrant he or she shall be brought before a Magistrate, as soon as may be practicable after his or her arrest, and the Magistrate shall either proceed with the preliminary inquiry or postpone it to a future time, in which latter case he or she shall either commit the accused to prison, or admit him or her to bail, or permit him or her to be at large on his or her own recognisance, according to the provisions hereinafter contained.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.