The Grenada Revolution Online

The People's Laws 1980


People's Law Number 1 of 1980

Gazetted 4th January 1980

NURSES LAW, 1980


People's Law Number 2 of 1980

Gazetted 4th January 1980

PRICKLY BAY (PORT OF ENTRY) LAW, 1980


People's Law Number 3 of 1980

Gazetted 4th January, 1980

CRIMINAL CODE (AMENDMENT) LAW 1980


People's Law Number 4 of 1980

Gazetted 4th January, 1980

PROTECTION OF AIRCRAFT LAW 1980


People's Law Number 5 of 1980

Gazetted 4th January, 1980

TOKYO CONVENTION LAW 1980


People's Law Number 6 of 1980

Gazetted 11th January, 1980

GRENADA AND VENEZUELA FRIENDSHIP AGREEMENT LAW 1980


People's Law Number 7 of 1980

Gazetted 11th January, 1980

ESTATE DUTY(ANSLEM NEDD WAIVER) LAW 1980


People's Law Number 8 of 1980

Gazetted 29th February, 1980

NATIONAL COMMERCIAL BANK OF GRENADA LIMITED (VESTING OF UNDERTAKING) LAW 1980

A People's Law that authorises that, on the vesting day, 1 March 1980, subject to the Agreement the Undertaking of the Bank (CIBC) [Canadian Imperial Bank of Commerce] shall on the vesting day by virtue of this Law and without further assurance be transferred to and vest in the National Commercial Bank of Grenada Ltd. [NCB].


People's Law Number 9 of 1980

Gazetted 21th March, 1980

FOREIGN EXCHANGE TAX (AMENDMENT) LAW 1980


People's Law Number 10 of 1980

Gazetted 21th March, 1980

JOHN DEREK KNIGHT ASSETS (VESTING IN GOVERNMENT) (AMENDMENT) LAW 1980


People's Law Number 11 of 1980

An Act to make better provisions for the regulation of Prisons

Gazetted 21th March, 1980

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED And PROCLAIMED as follows:-

1. This Law may be cited as the

PRISONS ACT 1980

PART 1
Preliminary

2. In this Act--

"civil prisoner" means any prisoner other than a criminal prisoner;

"Commissioner" means the Commissioner of Prisons appointed under section 6 of this Act;

"criminal prisoner" means a prisoner duly committed to custody under any writ, warrant, or order of any court or authority exercising criminal jurisdiction or by order of a court martial;

"first offender" means any person who has been committed to prison for the first time;

"lock-up" means any house, building or enclosure declared to be a lock-up under section 4 of this Act;

"medical officer" means the medical officer assigned to duties in any prison under section 6 of this Act;

"member of the PRA" means a member of the People's Revolutionary Army established by People's Law No. 7 of 1979;

"member of the subordinate staff" means any prison officer below the rank of Assistant Superintendent whether permanent, temporary or acting whose duties are to instruct, supervise and employ prisoners or to perform work in connection with prisons;

"Minister" means Minister responsible for National Security;

"prisons" means the Richmond Hill Prison, the police cells at Hillsborough Carriacou and any house, building or enclosure declared to be a prison under section 4 of this Act;

"prison offence" means any offence committed by a prisoner under this Act or as specified in any Prison Rules, or Prison Standing Orders;

"prison officer" means any person holding an office or performing a duty in or in connection with a prison, but does not include any persons appointed to perform clerical duties only;

"prisoner" means any person whether convicted or not, under detention in any prison;

"Prison Rules" means any rules made under section 53 of this Act;

"prohibited article" means--

(a) any intoxicating liquor, drug, tobacco, money, clothing, provisions, letter, tool or any article whatever likely to prejudice good order and prison discipline;

(b) any article, the introduction or removal of which into or out of the prison or any part thereof is prohibited by Prison Rules or Standing Orders; or

(c) any other article not expressly authorised to be brought into prison by the Commissioner;

"young prisoner" means any prisoner under the age of eighteen years.

PART II

CONSTITUTION AND ADMINISTRATION OF PRISON AND LOCK-UPS

3.---(1) The prison situate at Richmond Hill known as the Richmond Hill Prison shall be a prison for the purposes of this Act.

-----(2) The police cells at Hillsborough in the Island of Carriacou shall be a prison for the purposes of this Act.

4.---(1) The Minister may, by order published in the Gazette--

(a) declare any house, building or enclosure or any part thereof, to be a prison or lock-up and may, in such order, declare the name by which such prison or lock-up shall be known and any such place shall be a prison or lock-up as the case may be, for the purposes of this Act.

(b) declare that any prison or lock-up shall cease to be a prison or lock-up and as from the date of the publication of such order, or such other date as may be specified therein, such prison or lock-up shall cease to be a prison or lock-up for the purposes of this Act.

-----(2) Every place used as a lock-up at the coming into force of this Act shall be deemed to be a lock-up for the purpose of this Act, as if such place had been declared to be a lock-up under the provisions of sub-section (1) (a) of this section.

5. The general charge and administration of prisons and the control and direction of the prison staff shall be vested in the Commissioner who may make such transfers, and direct the employment and distribution of the prison staff as he may think fit.

PART III

APPOINTMENT, ADMINISTRATION AND POWERS OF PRISON

6.---(1) The Public Service Commission shall appoint---

(a) A Commissioner of Prisons;

(b) a Superintendent of Prisons;

(c) an Assistant Superintendent of Prisons; and

(d) as many clerical officers to the prisons as may be necessary.

-----(2) Not withstanding section 84 of the Grenada Constitution (which has full legal force and effect by virtue of section 2 of People's Law No. 15 of 1979( the Commissioner shall appoint (including appointments to act) as many members of the subordinate staff as may be necessary and the power to exercise disciplinary control over such persons and to remove such persons from office shall vest in the Commissioner.

-----(3) All members of the prison staff serving in the Prison Department on the coming into force of this Act shall be deemed to have been appointed under the provisions of this section.

7. The Chief Medical Officer shall assign in respect of each prison, a government medical officer who shall have control generally of the health and medical welfare of the prisoners and the sanitation of the prison, and such medical officer shall perform such other duties as may be directed by this Act or by Prison Rules.

8. The Commissioner may issue Standing Orders not inconsistent with the provisions of this Act and Prison Rules for the governing of members of the Prison Department and prisoners.

9.---(1) The commissioner may interdict from his duties any member of the subordinate staff pending the result of any inquiry the Commissioner may see fit to order.

-----(2) An Officer so interdicted shall be paid such proportion of his salary, being not less than one-half, as the Commissioner shall think fit.

-----(3) If the enquiry results in the exculpation of the officer he shall be entitled to the full amount of his salary which he would have received if he had not been interdicted but if the enquiry results in any punishment other than dismissal the officer shall be allowed such salary as the Commissioner may think fit.

10.--(1) No member of the subordinate staff shall without the written permission of the Commissioner resign or withdraw from prison duties unless he has first given to the Commissioner not less than one month's notice in writing expiring on the last day of the succeeding month of his intention so to do.

-----(2) Any member of the subordinate staff who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding two months.

11.__(1) The Superintendent or an Officer deputed by him may hold an inquiry into the conduct of any member of the subordinate staff who is alleged to have -

(a) been absent from duty without good cause;

(b) been asleep on duty;

(c) been insubordinate;

(d) been late for duty;

(e) disobeyed any lawful order given him by his superior in rank or seniority, whether verbally or in writing;

(f) committed any neglect of duty;

(g) used personal violence or abusive, insulting or threatening language to any member of the prison staff;

(h) lost by neglect, willfully damaged or permitted injury to any of the articles of clothing, arms, tools or supplies or equipment in his charge;

(i) presented himself for duty dirty or untidy in person or clothing;

(j) been under the influence of alcohol or drugs while on duty;

(k) used unnecessary violence to any prisoner;

(l) associated with any discharged prisoner without the written consent of the Superintendent;

(m) been unduly familiar with, or shown undue favour to, any prisoner;

(n) communicated to anyone nay matter or thing connected with the administration of the Prison Department;

(o) committed any act or conducted himself in a manner prejudicial to prison discipline, or in any manner likely to bring the prison service into disrepute;

(p) committed any breach of the Prison Rules or Standing Orders;

and if after such inquiry the Superintendent is satisfied that such member of the subordinate staff has committed the act of neglect alleged, he may award any of the following punishments--

(a) reprimand;

(b) severe reprimand; or

(c) forfeiture of good conduct pay or any benefit arising from service;

(d) fine of not more than half month's salary;

(e) suspension, stoppage or deferment of increment;

(f) reduction of tank or grade;

(g) dismissal.

Provided that in the cast of contravention of--

(i) paragraph (a) of this subsection the punishment may include forfeiture of pay for the period of absence;

(ii) paragraph (h) of this subsection the punishment may also include an order to pay the value or part of the value of the property destroyed, lost or injured and such payments may be enforced by deduction from such member's salary either at tone time or by such instalments as may be ordered.

-----(2) Any member of the subordinate staff may within two days of the date on which the punishment was ordered, appeal in writing to the Commissioner against any punishment ordered under this section and the Commissioner may allow the appeal, or reduce, confirm or increase such punishment or substitute any other punishment warranted under the foregoing sub-section.

12. Every member of the prison staff or any person who is employed in a prison any any capacity whatever who--

(a) has any dealing whereby he obtains or might expect to obtain at any time either immediately or in the future any benefit of any nature whatsoever, with any prisoner or with any person on behalf of any prisoner or

(b) assaults, threatens or insults any member of the prison staff

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months.

13. Every prison officer while acting as such shall have by virtue of his office all the powers, authorities, immunities and privileges of a constable under the Police Ordinance for the purposes of his duty as such prison officer.

14.--(1) Every prison officer or member of the PRA may use weapons against any prisoner escaping or attempting to escape;

Provided that resort shall not be had to the use of such weapons unless such officer or member of the PRA has reasonable grounds for believing that he cannot otherwise prevent the escape.

-----(2) Every prison officer or member of the PRA may use weapons against any prisoner engaged in any combined outbreak, or in any attempt to force or break open the outside door, or gate, or enclosure wall of the prison, and many continue to use such weapons so long as such combined outbreak or attempt is being actually prosecuted.

-----(3) Every prison officer or member of the PRA may use weapons against any prisoner using violence against any person if such officer of member of the PRA has reasonable grounds for believing that such person is in danger of life or limb, or that other grievous harm is likely to be caused to him.

-----(4) Before using firearms against a prisoner under the authority of subsection (1) of this section, the prison officer of member of the PRA shall, if possible, give warning to the prisoner that he is about to fire on him.

-----(5) No member of the subordinate staff or member of the PRA shall in the presence of his superior officer, use firearms of any sort against a prisoner in the case of an attempt to escape or of an outbreak, except under the orders of such superior officer.

-----(6) The use of firearms under this section shall be as far as possible, to disable and not to kill.

-----(7) Every member of the Police Force or member of the PRA who is for the time being serving as an escort, or as a guard in or around any prison or lock-up for the purpose of ensuring the safe custody of any prisoner or person detained in a prison or lock-up shall be deemed to have all the powers and privileges granted to prison officers under this section for the purpose of his duties in relation to such prisoner or person.

15. The Commissioner shall as often as may be necessary visit and inspect all prisons and shall make an annual report to the Minister on the administration and condition of the prisons, the conduct and treatment of the prisoners and such other matters relating to the prisons or to prisoners as he may think fit.

16. All pay which is forfeited by, and fines indicted upon, members of the subordinate staff under this Act shall be paid into a fund to be called the Prison Officers' Reward Fund and this fund shall be administered in accordance with the Prison Rules.

PART IV

CUSTODY AND REMOVAL OF PRISONERS AND PERSONS DETAINED IN ANY LOCK-UPS

17.--(1) Every person sentenced to imprisonment shall be committed to and detained in a prison.

-----(2) In any sentence of imprisonment the word "month" shall, unless the contrary is expressed, be construed as meaning calendar month.

-----(3) Every person awaiting trial or remanded in custody may be committed to or detained in either a prison or lock-up.

18.--(1) Every prisoner whenever he is confined in any prison in which he may be lawfully confined or whenever he is being taken to or from such prison, or is working in the custody or under the control of any member of the prison staff or police constable or member of the PRA assigned for that duty, beyond the limits of any such prison, shall be deemed to be in the custody of he person in charge of such prison.

-----(2) Every person whenever he is confined in any lock-up in which he may lawfully be confined, or whenever he is being taken to or from such lock-up shall be deemed to be in legal custody of the person in charge of the lock-up.

19. The persons in charge of prisons and lock-ups are hereby authorised and required to keep and detain all persons duly committed to their custody by any court, judge, magistrate, coroner, or other public officer lawfully exercising civil or criminal jurisdiction according to the terms of any writ, warrant, or order by which such persons have been committed, or until such persons are discharged by due course of law.

20. Every person charged with any offence and remanded in custody to any prison or lock-up by any court, judge, magistrate or coroner shall be delivered to the person in charge of such prison or lock-up as the case may be, together with the warrant of commitment, and the person in charge of such prison or lock-up shall detain such person according to the terms of such warrant, and shall cause such person to be delivered to such court, judge, magistrate or coroner or shall discharge such person at the time named in and according to the terms of such warrant.

21. Every person arrested under any writ, warrant or order of any court having civil jurisdiction shall be brought without delay before the court by which the writ, warrant, or order was made or issued and if such court is not then sitting, such person shall be kept in custody in a prison or lock-up until the next sitting of the court and shall be then brought before such court in order that such person may be dealt with according to law.

22. Every prisoner and person detained in a prison or lock-up shall be released, immediately upon his becoming entitled to release, whether by the expiration of his term of sentence, or by pardon, by commutation, or by remission of sentence or by other lawful means.

23.--(1) Whenever the presence of any person confined in a prison or lock-up is required in any court of civil or criminal jurisdiction, such court may issue an order addressed to the person in charge of the prison or lock-up, as the case may be, requiring the production before the court of such person in proper custody at the time and place named in such order, and the person named in such order to be brought up as directed and shall provide for his safe custody during his absence from the prison or lock-up; and every such court may, by endorsement, on such order require the person named therein to be again brought up at any time to which the matter wherein such person is required may be adjourned.

-----(2) The Minister on being satisfied that the presence of any prisoner or person detained in a prison or lock-up is required at any place in the interest of justice, or for the purpose of any public enquiry, may, in his discretion, by writing under his hand order that such prisoner or person be taken to the place at the time stated in such order, and the person in charge of such prison or lock-up, as the case may be, shall cause the person named in such order to be taken as directed and shall provide for his safe custody during his absence from the prison or lock-up.

24. Any person taken from a prison or lock-up under any order made under section 23 of this Act shall whilst outside that prison or lock-up be deemed to be in legal custody.

25.--(1) Whenever a prisoner or person detained in a prison or lock-up appears to the Commissioner on the certificate of the Prison Medical Officer to be of unsound mind, the Commissioner may, in his discretion, by order in writing setting forth the grounds of belief that such prisoner of person detained is of unsound mind, direct his removal to the Mental Hospital under the Mental Hospitals Ordinance until the Medical Superintendent of the Mental Hospital certifies that such prisoner or person has ceased to require treatment in that institution.

-----(2) Where the Medical Superintendent of the Mental Hospital has certified as set out in subsection (1) of this section then if the person in respect of whom the certificate is given is--

(a) a prisoner whose sentence has expired, the Commissioner shall by order in writing direct that such prisoner be discharged; or

(b) a prisoner whose sentence has not expired, the Commissioner in his discretion may by order in writing direct that either he be returned to the prison whence he was removed there to serve the remainder of any term to which he is liable, or that he be discharged; or

(c) a person awaiting trial or remand in custody, the Commissioner in his discretion may by order in writing direct that such person be returned tot he prison or lock-up whence he was removed until he is dealt with according to law.

26.--(1) Whenever a prisoner or person detained in a prison or lock-up appears to the Commissioner on the certificate of the Prison Medical Officer or other Government Medical Officer to be suffering from any communicable disease, the Commissioner in his discretion may, by order in writing setting forth the grounds of belief that the prisoner or such person detained is suffering from such communicable disease, direct his removal to such hospital as may be specified in the order there to be kept and treated until the government medical officer in charge of such institution certifies that such prisoner or person has ceased to require treatment from such institution.

-----(2) Where a certificate to the effect that a prisoner or person detained has ceased to require institutional treatment has been given under subsection (1) of this section then if any prisoner or person in respect of whom the certificate is given is--

(a) a prisoner and the term is his sentence has expired, the Commissioner shall by order in writing direct that such prisoner be discharged; or

(b) a prisoner the the term of his sentence has not expired the Commissioner in his discretion may by order in writing direct that either he be returned to the prison whence he was removed there to serve the remainder of his sentence or that he be discharged; or

(c) a person remanded in custody or awaiting trial, the Commissioner in his discretion may by order in writing, direct that such person shall be returned tot he prison or lock-up whence he was removed until he is dealt with according to law.

27. Where the Minister is satisfied that a prisoner is suffering from any permanent physical injury or disability and that it is necessary for the purpose of ensuring the proper care of such prisoner that he should be detained in any institution outside the prison, he may by order in writing direct that such prisoner be removed to such institution as may be named in the order and there detained for the remainder of the term to which he is liable unless sooner discharged according to law. 28.--(1) In case of the serious illness, except unsoundness of mind, or any communicable disease, of a prisoner or person detained in a prison or lock-up, there being no suitable accommodation for such prisoner or person in such prison or lock-up, the Commissioner may, on the certificate of a government medical officer or in the case of urgent necessity on the certificate of any registered medical practitioner or if such practitioner is not available the Commissioner or in his absence any senior prison officer may make an order for his removal to a public hospital.

-----(2) So long as any prisoner or person detained who has been removed to a public hospital under the provisions of subsection (1) of this section remains therein the government medical officer shall at the end of each month transmit to the Commissioner or the person in charge of the lock-up a certificate signed by him that it is in his opinion necessary that such prisoner or person detained should remain in the hospital.

-----(3) As soon as, in the opinion of the government medical officer in charge of a public hospital, it is no longer necessary that any prisoner or person detained who has been removed to such hospital should remain therein, he shall transmit tot he Commissioner or person in charge of the lock-up, as the case may be, a certificate stating that such necessity has ceased and thereupon the Commissioner or person in charge of the lock-up shall forthwith cause such prisoner or person detained to be brought back to the prison or lock-up if he is still liable to be confined therein. -----(4) The provision of subsection (2) and (3) of this section shall cease to apply to a prisoner or person detained as from the date on which he would be entitled to be released from the prison or lock-up.

29. Where any prisoner or person detained in a lock-up is by virtue of section 28 of this Act removed from any prison or lock-up to any public hospital, the Commissioner of prison shall take all practical steps to prevent the escape of such prisoner or person detained and while such prisoner or person detained remained i such hospital he shall be deemed to be in legal custody.

Provided that where any such prisoner or person detained would, but for the fact that he is in such hospital, be entitled to be released from the prison or lock-up, then from the date on which he would be so entitled to be released, he shall no longer be deemed to be in legal custody and no steps shall be taken to prevent his escape merely by reason of the fact that he had been a prisoner or person detained.

30. The Commissioner may order the removal of all or any prisoners confined in any prison to another prison in the State and it shall not be necessary for the purposes of such order to designate any prisoner by name, but it shall be sufficient to describe such prisoner or prisoners by reference to their sentence or by some other like general description.

31.--(1) No male prisoner shall be detained in the same part of any prison as any female prisoner.

-----(2) No civil prisoner (so far as possible) shall be detained in the same part of any prison as any criminal prisoner.

-----(3) No young prisoner shall be detained (so far as possible) in the same part of any prison as any other prisoner.

32.--(1) Where any person apparently under the age of sixteen years has been committed to prison, the Commissioner may order such prisoner to be transferred to an Industrial School there to be kept as if he had been committed to such school by the court.

-----(2) In the foregoing subsection "Industrial School" has the same meaning as in section 2 of the Criminal Code.

33. Any member of the PRA sentenced to a term of imprisonment under the Grenada Military Force Act 1976 shall serve his sentence at the Richmond Hill Prison and on order of imprisonment signed by the Commanding Officer of the People's Revolutionary Army shall be sufficient authority for the Commissioner to receive and detain him.

PART V

DISCIPLINE AND CONTROL OF PRISONERS

34. All prisoners may, with the approval of the Commissioner, be taken beyond the limited of a prison and put to such labour as may be prescribed by Prison Rules.

35. Every prisoner shall be subject tot he provisions of this Act and of Prison Rules, and shall also be subject to prison discipline during the whole of his imprisonment, whether he is or is not within the limits of any prison.

36. Where any prisoner commits any of the following prison offences namely--

(a) mutiny or incitement to mutiny;

(b) escape or attempt to escape;

(c) taking part in any assault or attack on any member of the prison staff or on the medical officer;

(d) aggravated or repeated assault on any other prisoner;

(e) wilful destruction of property;

(f) wilfully causing himself any illness, injury or disability;

(g) wilfully making any false or groundless accusation or complaint against any member of the prison staff, the medical officer or any other prisoner;

(h) persistent repetition of any minor prison offence;

(i) any act of misconduct or insubordination;

(j) abetting the commission of any major prison offence;

(k) malingering or feigning illness;

(l) disobeying any order of the Commissioner or any other officer, or any Prison Rules or Standing Orders;

(m) acting in any way prejudicial to good order and discipline,

than on such prisoner being found guilty thereof on any enquiry by the Superintendent or any officer authorised by him the officer hearing the inquiry may impose any one or any combination of not more than two of the following punishments, namely ---

(i) in the case of an offence specified in paragraphs (a) (c) or (d), corporal punishment not exceeding twelve strokes;

Provided that no such corporal punishment shall be imposed with the approval of the Minister,

(ii) reduction of diet to No. 1 punishment diet for any period not exceeding fourteen consecutive days;

(iii) reduction of diet to No. 2 punishment diet for any period not exceeding 21 consecutive days;

(iv) suspension or postponement of any or all privileges for an period not exceeding ninety days;

(ii) forfeiture of remission for any period not exceeding ninety days and in the case of an offence specified in paragraph (b), the forfeiture of all remissions earned up to the date of such offences.;

37. No prisoner shall be punished until he has had an opportunity of hearing the charge against him and making his defence.

38. Where any punishment is imposed upon any prisoner then the Commissioner shall cause to be entered in a register to be kept for such purpose, a record of the punishment showing in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.

39. Any prisoner may, within forty-eight hours of the imposition of any punishment under section 35 of this Act appeal in writing to the Commissioner who may allow the appeal, or reduce, confirm or increase such punishment as he may see fit.

40. Any punishment lawfully imposed on a prisoner under this Act or any Prison Rules may be carried into effect, notwithstanding that the carrying into effect thereof may necessitate the detention of a prisoner beyond that date at which he would otherwise be entitled to be discharged from prison;

Provided that the period of such detention shall not exceed seven days, such period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.

41. Every prisoner under sentence of death shall be confined apart from other prisoners in a special cell and shall be under constant supervision day and night.

42. Except with the written permission of the Commissioner no person other than a member of the prison staff, the medical officer and a minister of the religious denomination to which the prisoner belongs shall have access to any prisoner under sentence of death.

PART VI

PRISON OFFICERS WELFARE ASSOCIATION

43.--(1) For the purpose of enabling Prison Officers to consider and bring to the notice of the Commissioner of Prisons and the minister all matters affecting their general welfare and efficiency, other than questions of discipline, or any other matter affecting individuals, there shall be established in accordance with rules to be made by the Minister an organisation to be called the Prison Officers Welfare Association (in this section referred to as "the Association") which shall act through Boards and a Central Committee as provided in the rules.

-----(2) The Association shall be entirely independent of, and unassociated with, any body outside the Prison Department.

44.--(1) Subject to the provisions of the preceding section, it shall not be lawful for any Prison Officer to be, or become, a member of any trade union or of any association which has for its object, or one of its objects, to control or influence the pay, pension or conditions of service of any Prison Officer; or to promote feelings of illwill and hostility between different classes or races.

-----(2) If any Prison Officer becomes a member of a trade union or any such association, such Prison Officer shall be liable on summary conviction, to a fine not exceeding one hundred dollars and such officer shall be dismissed from the Prison Service.

PART VII

General

45.--(1) The Commissioner may by order require a convicted prisoner who has been released from prison to notify to the person in charge of a police station in the district in which the prisoner resides--

(a) his address within one week of such release;

(b) any change in his address which may have taken place during such period, in no case exceeding five years after such release, or may be specified in the order within one week of such change.

-----(2) Any order made under this section shall be served on the prisoner prior to his release from prison.

-----(3) Any prisoner who contravenes the provisions of any order made under this section or who knowingly or recklessly notifies any false or incorrect address, shall be guilty of an offence against this Act and liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for any term not exceeding two months.

46. It shall be the duty of the coroner having jurisdiction in the place where any prison is situated to hold an inquest upon the body of any prisoner on whom sentence of death is executed or who may die in such prison.

47. Nothing in this Act or in Prison Rules shall be construed to exempt any prisoner from being proceeded against in the ordinary court of law for any offence but no prisoner shall be punished twice for the same offence:

Provided that nothing in this section shall be construed as derogating from the powers contained in section 36 of this Act in relation to the infliction of all or any of the punishments therein set out.

48. Where any prisoner under sentence of imprisonment escapes, then the currency of the sentence which he is then undergoing shall be suspended from the day on which he escapes to the day on which he is recaptured so that he shall not be deemed to have served any part of his sentence during the period between the day on which he escaped and the day on which he was recaptured.

49. Any prisoner who escapes or attempts to escape from lawful custody shall be guilty of an offence against this Act and liable on summary conviction to imprisonment for a term not exceeding twelve months, and all remission earned by such prisoner up tot he date of such offence, shall be forfeited.

50.--(1) Any person who, without lawful authority:-

(a) brings, throws, conveys or causes to be conveyed or supplied to any prisoner or introduces by any means into any prison, or hides or places for any prisoner or prisoners any prohibited article; or

(b) brings or throws or conveys or attempts to bring out of any prison or conveys from any prison any prohibited article,

shall be guilty of an offence against this Act, and liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

-----(2) The offender may be apprehended by anyone and taken before a magistrate to be dealt with according to law.

-----(3) Any prison or police officer who is convicted under this section shall, in addition to any other punishment, liable to forfeit his office and any arrears of salary due him and also any pension and gratuity to which he may be entitled.

51. Any person, who without leave or lawful excuse, interrupts or speaks to or in any way communicates with any prisoner while at work without the walls of the prison or while going to or returning from that work, shall be liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months.

52. Any person who assaults, obstructs, or resists or aids or incites any other person to assault, obstruct or resist any Prison Officer in the execution of his duty, shall be liable on summary conviction to a penalty not exceeding five hundred dollars or to imprisonment for a term not exceeding twelve months, and if the offender is a convicted prisoner, he shall be liable upon conviction on indictment to imprisonment for a term not exceeding two years.

53. The Minister may make rules generally for the good management and governing of prisons and prisoners and for carrying out the objects of this Act and without prejudice to the generality of such powers may make rules in relation to--

(a) the condition of service and powers, conduct, duties and discipline of prison officers;

(b) the employment, classification, safe custody separation, treatment and discipline of prisoners;

(c) the medical examination, measuring, photographing, taking of finger prints and other records of prisoners;

(d) the remission of sentences to be allowed to prisoners and the manner and conditions under which such remissions are to be granted;

(e) the rehabilitation of discharged prisoners including the supply of money, food or clothing or the means of travelling to the town nearest his place of abode;

(f) the administration of the Prison Officers' Reward Fund;

(g) the conditions under which, and the manner in which, the sentence of death shall be executed;

(h) the conditions under which, and the manner in which, corporal punishment shall be administered;

(i) the means and methods of restraining refractory prisoners.

54.--(1) The Prisons Ordinance 1965 is repealed.

-----(2) All rules made under the provisions of the Prisons Ordinance 1965 which were in force at the coming into operation of this Act shall in so far as they are not inconsistent with the provisions of this Act continue to have effect until revoked by rules made under the provisions of this Act.

Dated this 29th day of February, 1980.

MAURICE BISHOP

Prime Minister


People's Law Number 12 of 1980

Gazetted 3rd April, 1980

LOAN (LOW COST HOUSING) LAW 1980


People's Law Number 13 of 1980

Gazetted 3rd April, 1980

CUSTOMS DUTIES (GASOLENE) LAW 1980


People's Law Number 14 of 1980

Gazetted 25th April, 1980

CENTRAL WATER COMMISSION (OVERDRAFT AUTHORISATION) LAW 1980


People's Law Number 15 of 1980

Gazetted 25th April, 1980

CARIBBEAN FOOD CORPORATION ACT 1980


People's Law Number 16 of 1980

Gazetted 25th April, 1980

SUPPLIES (CONTROL) (PRICES)(AMENDMENT) REGULATIONS LAW


People's Law Number 17 of 1980

Gazetted 25th April, 1980

SUPPLIES (CONTROL) (AMENDMENT) LAW 1980


People's Law Number 18 of 1980

A LAW to incorporate an Agency for the purposes of— (a) co–ordinating the activities relating to the establishment and development of co–operative societies; (b) providing the services necessary to facilitate such establishment and development; and (c) advising the Minister on matters pertaining to co–operative societies.

Gazetted 25th April, 1980

In the exercise of the powers vested in the People’s Revolutionary Government by People’s Law No. 2 (Establishment of People’s Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People’s Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED AND PROCLAIMED as follows:-

1. This Law may be cited as the

NATIONAL CO-OPERATIVE DEVELOPMENT AGENCY LAW 1980

2. In this law—

“Agency” means the National Co–operative Development Agency established under section 3 of this Law;

“Board” means the Board of Directors of the Agency established by section 5(1) of this Law;

“Minister” means the Minister responsible for the development of co–operative societies;

“Registered Co–operative Society” means a society registered or deemed to be registered under the Co–operative Societies Ordinance or any law which provides for the registration of co–operative societies;

3. There is hereby established the Agency which shall be called the National Co–operative Development Agency for the purposes of—

(1) co–ordinating the activities of various department of the Government and other institutions engaged in the establishment and development of co–operative societies in Grenada;

(2) providing services necessary to facilitate the establishment and development of co–operative societies and more especially the creation and management of a fund for granting loans and other forms of financial assistance to registered co–operative societies; and

(3) advising the Minister in matters pertaining to the establishment and development of co–operative societies.

4. The Agency shall be a body corporate by the name under which it is established with perpetual succession and a common seal which shall be officially and judicially notices. The seal shall be authenticated by the signatures of two directors. The Agency may sue and be sued in its corporate name and may for all purposes be described by that name.

5.--(1) There shall be a Board of Directors of the Agency which shall consist of not less than seven or more than nine persons appointed in accordance with subsection (2) below.

---(2) The Minister shall appoint to the Board—

(a) two officers from the Ministry responsible for co–operative affairs;
(b) two officers from the Ministry responsible for agriculture and fisheries;
(c) one officer from the Ministry of Finance; and
(d) four persons who have knowledge and experience in co–operative, commercial or financial matters.

---(3) The Minister shall appoint one of the directors to be Chairman of the Board.

---(4) The quorum of the Board shall be five including the Chairman when the Board consists of nine directors and three including the Chairman when the Board consists of seven directors.

6. The property and funds of the Agency shall vest in the Board and the functions and powers of the Agency shall be exercised by the Board.

7. The Agency shall have all the powers necessary to carry out the purposes for which it is established including the following—

(a) to enter into contracts, to raise loans, to seek and receive donations, to accept deposits, and procure funds by various other means;
(b) to acquire property, own and maintain land, buildings, vehicles, plant and machinery;
(c) to appoint on such terms and conditions as it may think fit such employees as many as necessary, assign them their duties and exercise disciplinary control over them;
(d) to appoint sub–committees of the Board and delegate authority to them subject to such rules and restrictions as may be decided upon by the Board;
(e) to call for and obtain information from co–operative societies and officers of the Government and other institutions engaged in the establishment and development of co–operative societies; and
(f) to grant and recover loans, and grant other forms of financial assistance to registered co–operative societies subject to such rules and regulations as may be prepared and approved by the Board.

8. The Board shall maintain or cause to maintain under its supervision prompt and correct accounts of all monies received and disbursed, and shall present to the Minister annually at the end of each financial year a report of the activities of the Agency together with an audited statement of accounts and a balance sheet.

9. The financial year of the Agency shall be from the first day of January to the thirty–first day of December.

10.--(1) The accounts of the Agency shall be audited by the Director of Audit or such other auditor as, with the approval of the Minister, the Board may appoint.

-----(2) The cost of such audit shall be defrayed by the Agency.

11. The Minister may from time to time make rules for the purposes of giving effect to the principles and provisions of this Law and to regulate the affairs of the Board; such rules shall be published in the Gazette.

12. If at any time the Minister is satisfied that there exists in Grenada a sound and adequate co–operative bank or other institutions, for the main purpose of granting loans and financial assistance to co–operative societies, he may be order published in the Gazette direct the Board to transfer all or any part of the assets and liabilities of the Agency to such co–operative bank or other institution whereupon such co–operative bank or other institution shall exercise the rights and privileges of the Agency for the purpose of recovery of monies owed to the Agency at the time of the transfer.

13. The Minister may at any time by order published in the Gazette dissolve the Agency, appoint a liquidator for winding up the affairs of the Agency and direct the purposes for which any monies lying to the credit of the Agency shall be used, provided that they shall be used for the benefit of the co–operative movement in Grenada.

14. The liquidator appointed under section 13 above shall carry out his duties subject to the direction and control of the Minister.

15. The liquidation shall be closed on the order of the Minister and a notice of closure shall be published in the Gazette.

Dated this 21st day of April, 1980

MAURICE BISHOP
Prime Minister


People's Law Number 19 of 1980

Gazetted 25th April, 1980

CARNIVAL LAW 1980

PROCLAMATION - A LAW to enable Carnival in 1980 to be celebrated in May 1980.

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1. The Law may be cited as the

CARNIVAL LAW 1980

2. Notwithstanding the Carnival Regulation Ordinance, carnival in 1980 may be celebrated between the hours of five o'clock in the morning of Monday 5th May.

3. Subject to the foregoing section the Carnival Regulations Ordinance, as amended, and the Rules made thereunder shall apply to the carnival celebrations under this Law.

Dated this 21st day of April, 1980.

MAURICE BISHOP
Prime Minister


People's Law Number 20 of 1980

Gazetted 30th April, 1980

INCOME TAX LAW 1980


People's Law Number 21 of 1980

Gazetted 29th April, 1980

CARNIVAL (NO. 2) LAW 1980


People's Law Number 22 of 1980

Gazetted 2nd May, 1980

CARNIVAL REGULATION (AMENDMENT) LAW 1980


People's Law Number 23 of 1980

Gazetted 2nd May, 1980

BIRDS AND OTHER WILD LIFE (PROTECTION OF) (AMENDMENT) LAW 1980


People's Law Number 24 of 1980

Gazetted 2nd May, 1980

FINANCE BORROWING AUTHORISATION LAW 1980


People's Law Number 25 of 1980

Gazetted 9th May, 1980

COURT OF APPEAL (AMENDMENT) LAW 1980


People's Law Number 26 of 1980

Gazetted 30th May, 1980

TICKET TAX LAW 1980


People's Law Number 27 of 1980

Gazetted 30th May, 1980

NURSES (AMENDMENT) LAW 1980


People's Law Number 28 of 1980

Gazetted 30th May, 1980

OPEC FUND LOAN LAW


People's Law Number 29 of 1980

Gazetted 27th June, 1980

RULES OF THE SUPREME COURT (AMENDMENT) LAW 1980


People's Law Number 30 of 1980

Gazetted 27th June, 1980

TREASURY BILLS (AMENDMENT) LAW 1980


People's Law Number 31 of 1980

Gazetted 4th July, 1980

CONFERENCE OF CHURCHES IN GRENADA (INCORPORATION) LAW 1980


People's Law Number 32 of 1980

Gazetted 18th July, 1980

GRENADA FOOD AND NUTRITION COUNCIL LAW 1980


People's Law Number 33 of 1980

Gazetted 18th July, 1980

GRENADA AGRICULTURAL AND INDUSTRIAL DEVELOPMENT CORPORATION (CHANGE OF NAME) LAW 1980


People's Law Number 34 of 1980

Gazetted 18th July, 1980

CO-OPERATIVE SOCIETIES (AMENDMENT) LAW1980


People's Law Number 35 of 1980

Gazetted 1st August, 1980

INTERPRETATION (AMENDMENT) LAW 1980


People's Law Number 36 of 1980

Gazetted 1st August, 1980

PRISON (EXTRA-MURAL SENTENCES)(AMENDMENT) LAW 1980


People's Law Number 37 of 1980

Gazetted 1st August, 1980

TRADE LICENCE LAW 1980


People's Law Number 38 of 1980

Gazetted 1st August, 1980

POLICE (AMENDMENT) LAW 1980

PROCLAMATION BY THE PEOPLE'S REVOLUTIONARY GOVERNMENT

LAW to amend the Police Ordinance 1966.

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:-

1. - This Law may be cited as the

POLICE (AMENDMENT) LAW 1980

and shall be read as one with the Police Ordinance, as amended, in this Law referred to as the principal Law.

2. - Section 2 of the principal Law is amended by repealing the definition of "Force" and substituting the following definition in its appropriate alphabetical position.

"Service" means the police service established under section 3(1) of this Law and includes any part of that Service".

3. - Subsections (1) and (2) of section 3 of the principal Law are amended by repealing the words "Royal Grenada Police Force" and substituting the words "Grenada Police Service".

4. - The principal Law is amended by repealing the word "Force" wherever it occurs and substituting the word "Service".

Dated this 30th day of July, 1980.

MAURICE BISHOP

Prime Minister

HISTORICAL NOTE

http://www.rgpf.gd/index.php?option=com_content&view=article&id=10:our-history&catid=2:history&Itemid=5 - accessed in 2011

People's Law No. 38 of 1980 gazetted August 1, 1980 brought about the change of the name from "Force" to "Service" by this amendment. It was then called the "Royal Grenada Police Service" but later Ordinance No. 14 dated September 17 1984 further amended it to "Royal Grenada Police Force" as it is now called.


People's Law Number 39 of 1980

Gazetted 1st August, 1980

GRENADA MILITARY FORCE (AMENDMENT) LAW 1980


People's Law Number 40 of 1980

PASSPORT LAW 1980

Gazetted 8th August, 1980

[partial]

(a) Sec. 3 (2) Grenadian Passports remain the property of the Government of Grenada and may be withdrawn at anytime by the Minister; and a Passport so withdrawn shall thereupon become void.

(b) Sec. 6 (1) The validity of any Grenadian Passport may be restricted to any named country or countries as the Minister thinks fits.


People's Law Number 41 of 1980

Gazetted 5th September, 1980

PUBLIC HEALTH (SCHOOL CHILDREN IMMUNISATION) LAW 1980


People's Law Number 42 of 1980

Gazetted 5th September, 1980

CUSTOMS (AMENDMENT) LAW 1980


People's Law Number 43 of 1980

Gazetted 5th September, 1980

CRIMINAL PROCEDURE CODE (AMENDMENT) LAW 1980


People's Law Number 44 of 1980

Gazetted 5th September, 1980

GRENADA CITIZENSHIP (AMENDMENT) LAW 1980


People's Law Number 45 of 1980

Gazetted 26th September 1980

WEST INDIES SHIPPING CORPORATION LAW 1980

[partial]

A law to give legal effect to certain provisions of the Agreement establishing a West Indies Shipping Corporation made between the Government of Grenada, and the Government of Antigua, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts/Nevis/Anguilla, St. Lucia, St. Vincent and Trinidad and Tobago.


People's Law Number 46 of 1980

Gazetted 3rd October, 1980

TERRORISM (PREVENTION) LAW 1980

[Web Administrator's Note: People's Law No. 46 of 1980 was one of the most important and controversial laws passed by the People's Revolutionary Government. It is interesting to look at this law in light of the laws concerning the international terrorism threat of current times. Formatting is as close to the original as possible.]

Commentary from Trotman and Friday, "Human Rights in Grenada," p. 32:

Then in September 1980, came the Terrorism (Prevention) Law, People's Law No. 46 of 1980. It starved the already atrophied Courts of power to grant bail to any persons charged under this law; it shifted the onus of proof onto an accused charged for possession of an explosive substance; it imposed an unenviable burden on the Court by depriving the accused of the common law right to trial by jury; and it brushed aside the vital common law rule that where several persons are on trial the confession made by one co-accused implicating himself and other co-accused, cannot be used as evidence against the other co-accused.

Journalist Alister Hughes writing in the Caribbean Monthly Bulletin of November/December 1980, pointed out:

An important feature of this legislation is that it is retroactive. Section 25, stipulates that, if a person has committed an act which is an offence under any law, which act is also an offence under the Terrorism (Prevention) Law, "whether the act was committed before or after coming into force of this law".

PEOPLE'S LAW NO. 46 OF 1980
Proclamation
BY THE
PEOPLE'S REVOLUTIONARY GOVERNMENT

A Law to create offences relating to terrorism, to provide for the mode of trial and for connected purposes.

[Gazetted 3rd October 1980].

In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:

1.-This Law may be cited as the

TERRORISM (PREVENTION) LAW 1980
2.-In this Law--

"explosive substance", means any explosive as defined in section 2 of the Explosives Ordinance (Cap. 113) and includes any material, article, substance, firearm, apparatus, machine, or implement used or intended to be used or which is capable of being used or adapted for causing or aiding in causing an explosion and also any part of such firearm, machine, apparatus or implement;

"Minister" means the Minister responsible for National Security;

"terrorism" means the use or threat of violence for political ends and includes, any act involving the use or threat of violence with intent to subvert the People's Revolutionary Government or any of the following acts if done for political ends: incitement to murder the Governor-General, a member of the People's Revolutionary Government, a member of the People's Revolutionary Army, a member of the People's Militia, or a member of the Grenada Police Service, the malicious destruction of or damage to public property, the use or threat of violence for the purpose of putting the public or any section thereof in fear, and the directing, organising or training of persons for the purpose of terrorism.

3.-A person who unlawfully and intentionally causes by any explosive substance an explosion which causes the death of any person shall be guilty of an offence and on conviction on indictment shall be liable to suffer death.

4.-A person who unlawfully causes by any explosive substance an explosion of a nature likely to endanger life or to cause damage to property shall, whether any injury to person or damage to property has been actually caused or not, be guilty of an offence and on conviction on indictment be liable to imprisonment for life.

5.-A person who--

(a) unlawfully does an act with intent to cause by an explosive substance an explosion of a nature likely to endanger life or cause harm or cause damage to property; or

(b) makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life or cause damage to property,

shall, whether an explosion does or does not take place and, whether any injury to person or damage to property, is actually caused or not be guilty of an offence and on conviction on indictment shall be liable to imprisonment for a term not exceeding twenty-five years, and the explosive substance shall be forfeited.

6.-Any person who makes or has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall unless he can show that he made it or had it in his possession or under his control for a lawful object, shall be liable to imprisonment for a term not exceeding fifteen years and the explosive substance shall be forfeited.

7.-(1) Where a person is charged with being in possession of an explosive substance and it is proved that at the time of the alleged offence--

(a) he and that explosive substance were both present in any premises; or

(b) the explosive substance was in the premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his being in possession of that explosive substance at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, he had no control over it.

7.-(2) This section applies to vessels, aircraft and vehicles as it applies to premises.

8.-Any person who, whether for consideration or not, by the supply of or solicitation for money, the provision of premises, the supply of materials, or in any way whatsoever, counsels, procures, aids, abets, or is accessory to the commission of any offence under this Law, shall be guilty of an offence and shall be liable to be tried and punished, as if her were a principal.

9.-(1) A person who commits an act of terrorism which causes the death of any person shall be guilty of an offence and on conviction on indictment shall be liable to suffer death.

9.-(2) A person who commits an act of terrorism which is likely to endanger life or cause damage to property shall, whether any injury to person or damage to property has been actually caused or not, be guilty of an offence and on conviction on indictment be liable to imprisonment for life.

9.-(3) A person who commits an act of terrorism which is not an offence under subsection (1) or (2) above shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment not exceeding fifteen years.

9.-(4) A person who attempt to commit an act of terrorism shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment not exceeding ten years.

10.-Every person who conspires to commit an act which is an offence under sections 3, 4, 5, 8 and 9 of this Law shall be guilty of an offence and on conviction on indictment liable to a term of imprisonment not exceeding twenty-five years.

11.-Any person who without lawful authority (the proof whereof lies upon him) instructs or trains or received instruction or training in the making or use of explosives substances shall be liable on conviction on indictment to imprisonment for a term not exceeding fifteen years.

12.- No person shall, without lawful authority (the proof of which lies on him) collect, record, publish, communicate or attempt to elicit or record any information with respect to the People's Revolutionary Army, the People's Militia or the Grenada Police Service which is of such a nature as is likely to be useful to the commission of any act of terrorism, or have in his possession any record or document containing any such information; and if any person contravenes this action, he shall be liable-

(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $2000 or both;

(b) on conviction on indictment to imprisonment for a term not exceeding five years or a fine not exceeding $5000 or both.

12.-(2) The Court by or before whom a person is convicted of an offence under this section shall order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

13.-(1) If a person who has information which he knows or believes might be of material assistance-

(a) in preventing an act of terrorism, or

(b) in securing the apprehension, prosecution or conviction of any person for an offence involving the commission, preparation or instigation of an act of terrorism

fails without reasonable excuse to disclose that information as soon as is reasonably practicable to a member of the People's Revolutionary Army or the Grenada Police Service, he shall be guilty of an offence.

13.-(2) A person guilty of an offence under subsection (1) above shall be liable-

(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $2000 or both, or

(b) on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding $5000 or both.

13.-(3) Proceedings for an offence under this section may be taken, and the offence may for the purpose of those proceedings be treated as having been committed in any place where the offender is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1) above.

14.-(1) Notwithstanding any law to the contrary a person charged with an indictable offence under this Law-

(a) shall not be admitted to bail;

(b) may be detained in any place that the Minister may, from time to time, direct and that place shall be deemed to be a prisoner under the Prisons Act 1980.

15.-(1) Any member of the People's Revolutionary Army or the Grenada Police Service may arrest without warrant any person whom he suspects of committing, having committed or being about to commit an offence under this Law.

15.-(2) For the purpose of arresting a person under this section a member of the People's Revolutionary Army or the Grenada Police Service may enter and search any premises or other place where that person is or is suspected of being.

13.-(3) A member of the People's Revolutionary Army or the Grenada Police Service may seize anything which he suspects is being, or has been or is intended to be used in the commission of an offence under this Law.

16.-The provisions of the Schedule to the Law shall apply to preliminary inquiries into offences under this Law.

17.-(1) Notwithstanding section 129 of the Criminal Procedure Code every person committed for trial for an offence under this Law shall be tried on an indictment in the High Court in its criminal jurisdiction and the trial shall be heard by and before a judge sitting alone and there shall be no right of trial by jury.

17.-(2) The Court trying an offence on indictment under this Law shall have all the powers, authority and jurisdiction which the court would have had if it had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury and any reference in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this Law.17.-(3) Without prejudice to subsection (2) above, where the Court trying an offence on indictment under this Law, is not satisfied that the accused is guilty of that offence, but is satisfied that he is guilty of some other offence which is not an offence under this Law but of which a jury could have found him guilty on a trial under this Law if it had been conducted with a jury, the Court may convict him of that offence.

17.-(4) Where the Court trying an offence under this Law convicts the accused of any offence, it shall at the time of conviction or as soon as practicable thereafter, give a judgment stating the reasons for the conviction.

18.-Notwithstanding any law to the contrary any number of counts under this Law may be joined in the same indictment.

19.-(1) Subject to subsection (2) below a trial on indictment for an offence under this Law shall be held in public.

19.-(2) Where the Court is satisfied that it is desirable so to do in the interest of public safety or public order the Court may-

(a) direct that a hearing or part of a hearing shall take place in private;

(b) give directions prohibiting or restricting the publication of evidence given before the Court in private; and

(c) give directions as to the persons who may be present:

Provided that the accused person, his legal advisers and the prosecuting Counsel may not be excluded from the Court.

20.-(1) Subject to subsection (2) below when more persons than one are being tried jointly for the same offence under this Law and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration the confession as against the other person, as well as against the person who makes the confession.

20.-(2) No person shall be convicted on the confession of another person unless that evidence is confirmed in some material particular by other evidence.

20.-(3) In subsection (1) above "offence" includes the abetment [sic] of attempt or conspiring to commit the offence.

21.-(1) A confession made to a member of the Security Service of the People's Revolutionary Army in the presence of and witnessed by another person may be admissible in evidence at the trial of an accused person for an offence under this Law.

21.-(2) For the avoidance of doubt it is hereby declared that confessions taken in accordance with section 25 of the Evidence Ordinance are admissible in evidence in prosecutions under this Law.

22.-For the avoidance of doubt it is hereby declared that in any proceedings on indictment under this Law a written statement admitted in evidence at the preliminary inquiry under the Criminal Procedure (Preliminary Inquiries) Act 1978 shall be admissible in evidence if it is proved to the satisfaction of the Judge that-

(a) the maker of the statement is dead or so ill as not to be able to travel although there may be a prospect of his recovery; or

(b) that the maker of the statement is outside Grenada and it is not reasonably practical to secure his attendance; or

(c) all reasonable steps have been taken to find him, but he cannot be found.

23.-(1) Where a person is convicted of any offence under this Law, other than under sections 9(3), 12 and 13, the Court shall, in addition to any other penalty if may impose under this Law, order that all property owned by that person at the time the offence was committed be forfeited to the State.

23.-(2) Where property is forfeited to the State under subsection (1) above the Minister may, if he considers that there are special reasons for so doing by order in the Gazette return and without further assurance vest all or any part of the property so forfeited in either or both of the following classes of persons-

(a) in any of the children lawful or natural;

(b) in any of the persons listed as beneficially entitled under section 4 of the Intestates Estates Ordinance to shares on an intestacy,

of the person who suffered in the forfeiture.

24.-(1) A person convicted of any offence on indictment under this Law may appeal to the Court of Appeal in accordance with section 19 of the Court of Law 1979.

24.-(2) A person convicted on indictment of an offence under this Law shall not be admitted to bail pending any appeal.

25.-A person who has committed an act which is an offence under the Criminal Code, or any Ordinance or People's Law shall, if that act is also an offence under this Law, be liable to be prosecuted under this Law, whether the act was committed before or after the coming into force of this Law and proceedings under this Law shall operate as a stay of all further proceedings under any other law.

26.-A prosecution shall not be instituted in respect of an offence under this Law except by or with the consent of the Attorney General.

27.-(1) This Law shall remain in force until the expiry of the period of twelve months beginning with its coming into force and shall then expire unless continued in force by an order under subsection (2) below.

27.-(2) The Minister may order in the Gazette provide that all or any of the provisions of this Law shall continue in force for a period not exceeding twelve months from the coming into operation of the order.

27.-(3) On the expiration of any provision of this Law section 21(4) of the Interpretation Ordinance (effect of appeals) shall apply as if that provision of this Law was repealed by another Law.

SCHEDULE

1. A magistrate holding a preliminary inquiry into an offence under this Law may admit in evidence-

(a) subject to paragraph 5 of this Schedule statements tendered under section 3 of the Criminal Procedure (Preliminary Inquiries) Act 1978 thereinafter in this Schedule referred to as "the Act" except a statement tendered by the accused; or

(b) oral evidence in accordance with sections 106(2), or 107 of the Cap. 77. Criminal Procedure Code.

2. (1) After the magistrate has considered all the evidence tendered by the prosecution he shall address the accused in these words or words to like effect: "Do you wish to say anything in answer to the charge? You are not bound to say anything but whatsoever you say may be taken down in writing and given in evidence at your trial."

2. (2) Section 106(2) of the Criminal Procedure Code shall apply to whatever the accused says in answer thereto.

2. (3) The magistrate shall then ask the accused if he wishes to call any witnesses. If the accused calls no witnesses the magistrate shall state that fact on the depositions.

2. (4) If the accused calls witnesses, any witness so called may tender a written statement in accordance with section 3(1) of the Act, or give oral evidence in which case section 107 of the Criminal Procedure Code shall apply.

3. Where the witnesses for the prosecution and the witnesses for the defence have given evidence (whether by way of written statements under section 3 of the Act or oral evidence under section 106(2) or 107 of Criminal Procedure Code, section 108 of the Criminal Procedure Code shall apply mutatis mutandis.

4. If upon the whole of the evidence the magistrate thinks that a sufficient case is made out to put the accused on trial, he shall commit him for trial to the next sitting of the High Court in its criminal jurisdiction.

5.Sections 2(1), 3(2)(d) and 3(4) of the Act shall not apply.

6. At the holding of a preliminary inquiry for an offence under this Law sections 104 and 105 of the Criminal Procedure Code shall, in so far as it is applicable, apply.

Dated this 29th day of September, 1980

MAURICE BISHOP
Prime Minister


People's Law Number 47 of 1980

Gazetted 17th October, 1980

COCOA INDUSTRY (AMENDMENT) LAW 1980


People's Law Number 48 of 1980

Gazetted 24th October, 1980

MINOR SPICES (CONTROL) LAW

"minor spices" means cloves, cinnamon and pimento and includes all other spices except nutmegs and mace;


People's Law Number 49 of 1980

Gazetted 24th October, 1980

TERRORISM (PREVENTION) (AMENDMENT) LAW 1980


People's Law Number 50 of 1980

Gazetted 24th October, 1980

GENERAL ASSEMBLY OF THE CHURCH OF GOD IN GRENADA INCORPORATION LAW 1980


People's Law Number 51 of 1980

Gazetted 24th October, 1980

CHURCH OF GOD (7TH) INCORPORATION LAW 1980


People's Law Number 52 of 1980

Gazetted 27th October, 1980

PREVENTION DETENTION REGULATIONS (AMENDMENT) LAW 1980

In part:

"A person detained pursuant to a detention order under this Law shall be furnished with a copy of the detention order within seven days of his detention; but the omission to furnish the copy within the prescribed time shall not invalidate his detention and he shall be deemed to be and to have been lawfully detained and in lawful custody."


People's Law Number 53 of 1980

MATERNITY LEAVE LAW 1980 (passed 10 October 1980)

Gazetted 31st October, 1980

"An employee shall be entitled to maternity leave of absence for a period of three months . . . The maternity leave shall commence on a day chosen by the employee who may return to work at the expiration of the period of paid leave . . ."

According the The Free West Indian newspaper which quoted from the Women's Desk, Ministry of Education and Social Affairs in its issue of 23 May 1981 -

"An employee who has worked for the same employer for at least 18 months previously, is also entitled to received full salary for two of her three months maternity leave.

There are may provisions of this law too detailed for this overview. A public explanation was issued at the time by the Government Information Service and titled The Maternity Leave Law For All Women.


People's Law Number 54 of 1980

Gazetted 31st October, 1980

GOVERNMENT HOUSING LOANS (AMENDMENT) LAW 1980


People's Law Number 55 of 1980

Gazetted 14th November, 1980

FINANCE BORROWING AUTHORISATION (NO. 2) LAW 1980


People's Law Number 56 of 1980

Gazetted 14th November, 1980

PETROLEUM (INCREASE PROFIT MARGIN) LAW 1980


People's Law Number 57 of 1980

Gazetted 28th November, 1980

FATHER HILARION (CHESHIRE) HOME INCORPORATION ACT 1980


People's Law Number 58 of 1980

Gazetted 19th December, 1980

CUSTOMS (AMENDMENT) LAW 1980


People's Law Number 59 of 1980

Gazetted 19th December, 1980

NATIONAL CO-OPERATIVE DEVELOPMENT AGENCY (AMENDMENT) LAW 1980


People's Law Number 60 of 1980

Gazetted 19th December, 1980

GOVERNMENT HOUSING LOANS (AMENDMENT) (NO. 2) LAW 1980


People's Law Number 61 of 1980

Gazetted 19th December, 1980

GRENADA FARMS CORPORATION LAW

The corporation established under this law is concerned with the functions of farm maintenance and the management and control of agricultural development.


In addition to the People's Laws of 1980, there were also Statutory Rules and Orders [SR&O]. These were also called "Proclamations, Orders, Rules and Regulations" by the People's Revolutionary Government. Listed below by Short Title, they are placed in categories:

PROCLAMATIONS

Bank Holiday - 5 Monday 1980 - SRO 3
United Nations Day - 24 October 1980 - SRO 9

ORDERS

Peter Otley (Shares in Spice Island Inn Limited) Confiscation Order - SRO 1
Stamped (Passport Repeal) Order - SRO 6
Customs (Second Schedule) (Amendment) Order - SRO 8
Petroleum (Increased Profit Margin) Order - SRO 10

RULES

Nurses (Practitioners and Public Health) rules - SRO 4
Prison Rules [64 pages] - SRO 14
Prison Officers (Discipline) Rules - SRO 15

REGULATIONS

Banking (Special Deposits) (Inspection of Books) Regulations - SRO 2
Customs (Caribbean Community) (Origin of Goods) Regulations - SRO 5
Passports and Visas (Fees) Regulations - SRO 7
Supplies (Control) (Prices) Amendment Regulations - SRO 11
Customs (Amendment) Regulations - SRO 12
Post Office (Private Letter Boxes) Regulations - SRO 13


Appreciation for the listing of these revolutionary laws, and additional interpretation of some of the laws, goes to the detailed reporting of Alister Hughes in various issues of the "Caribbean Monthly Bulletin;" to the Latin American Specialist Librarian Richard Phillips of Smathers Library of the University of Florida, Gainesville; to the Interlibrary Loan Specialists of the Pack Library of Asheville, North Carolina; the U.S. National Archives II, to the Grenada Government Information Service for linking some of its damaged bound versions of the People's Laws to the used book market; to the U.s.Library of Congress, to Florida State University Law Library, Tallahassee, Florida, and to other writers on Grenada attributed in the text.

The People's Laws

People's Laws of 1979

People's Laws of 1981

People's Laws of 1982

People's Laws of 1983


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