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Section 15
10.9.
Section 15 affords the individual protection from arbitrary arrest or
detention. It provides in subsection (1) –
“15-(1) No person shall be deprived of his personal liberty
save as may in any of the following cases be authorised by
law.”
10.10.
Eleven situations (a) to (k) are then set out. Para.(f) states:
“upon reasonable suspicion of his having committed or of
being about to commit a criminal offence...”
Specific provision is made at section 15(5) for a period of public emergency as
follows:
“(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
authorises the taking during a period of public emergency of
measure that are reasonably justifiable for the purpose of
dealing with the situation that exists during that period of
public emergency.”
10.11.
A “period of public emergency” is given a restricted definition by
virtue of section 26(4). It means “any period during which –
(a)
Jamaica is engaged in any war; or
(b)
there is in force a Proclamation by the Governor-General
declaring that a state of public emergency exists; or
(c)
there is in force a resolution of each House supported by the
votes of a majority of all the members of that House
declaring that democratic institutions in Jamaica are
threatened by subversion.”
Section 16
10.12.
Section 16 protected freedom of movement. It provided –
“(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 Jamaica,