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(1) This Order may be cited as the St Helena, Ascension and Tristan da Cunha Constitution Order 2009.
(2) This Order shall be published in the Gazette .
(3) This Order shall come into force on the appointed day.
In this Order—
“the appointed day” means such day as may be prescribed by the Governor, acting in his or her discretion, by proclamation published in the Gazette ;
“the Constitution” means the Constitution set out in the Schedule;
“the existing Constitution” means the Constitution set out in Schedule 1 to the St Helena Constitution Order 1988 ;
“ Gazette ” means the St Helena Government Gazette ;
“the existing Legislative Council” means the Legislative Council of St Helena established by the existing Constitution;
“the Legislative Council” means the Legislative Council of St Helena established by the Constitution.
The St Helena Constitution Order 1988 and the St Helena Constitution Order 1989 are revoked with effect from the appointed day.
From the appointed day—
(a) the territory of St Helena and Dependencies shall be called St Helena, Ascension and Tristan da Cunha; and
(b) the Constitution shall have effect in St Helena, Ascension and Tristan da Cunha in accordance with section 1 of the Constitution.
(1) Subject to this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(2) Where any matter that falls to be prescribed or otherwise provided for under the Constitution is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section), that prescription or provision shall, as from the appointed day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Constitution) as if it had been made under the Constitution.
(3) The Governor, acting in his or her discretion, may by order made at any time within twelve months after the appointed day make such amendments to any existing law as may appear to him or her to be necessary or expedient for bringing that law into conformity with the Constitution or otherwise for giving effect or enabling effect to be given to the Constitution; and the Governor may in like manner amend or revoke any such order.
(4) This section is without prejudice to any powers conferred by the Constitution or by any other law on any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
(5) For the purposes of this section, “existing laws” means laws and instruments (other than Acts of Parliament of the United Kingdom and instruments made under them) having effect as part of the law of St Helena, Ascension or Tristan da Cunha immediately before the appointed day.
(1) Any office established by or under the existing Constitution and existing immediately before the appointed day shall on and after that day, so far as consistent with the Constitution, continue as if it had been established by or under the Constitution.
(2) Any person who immediately before the appointed day holds or is acting in an office referred to in subsection (1) shall, on and after that day, continue to hold or act in that office or the corresponding office established by the Constitution as if he or she had been appointed to hold or act in it in accordance with or under the Constitution; but any person who under the law in force immediately before the appointed day would have been required to vacate his or her office at the expiration of any period shall vacate that office at the expiration of that period.
(3) Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.
(4) No person who immediately before the appointed day holds office as a judicial officer in St Helena or Ascension shall be deemed to have resigned from that office on or after that day by virtue of section 91(8)(b)(ii) or 161(5)(b)(ii) of the Constitution pending the enactment of a law under the said section 91(8)(b)(ii) or, as the case may be, section 161(5)(b)(ii); and in this subsection “judicial officer” in relation to St Helena has the same meaning as in section 115 of the Constitution, and “judicial officer” in relation to Ascension has the same meaning as in section 180 of the Constitution.
(1) Any person who immediately before the appointed day is a member of the existing Legislative Council shall on that day become a member of the Legislative Council, shall be deemed to have complied with section 54 of the Constitution, and shall hold his or her seat in accordance with the Constitution.
(2) The Governor shall dissolve the Legislative Council not later than the expiration of four years after the date when the existing Legislative Council first met after the last general election in St Helena before the appointed day.
(3) Any person who immediately before the appointed day is a member of a Council Committee of St Helena or of the Executive Council of St Helena under the existing Constitution shall, on and after that day, continue as a member of the corresponding Council Committee or of the Executive Council under the Constitution, and shall hold office in accordance with the Constitution.
The Standing Orders of the existing Legislative Council as in force immediately before the appointed day shall, until it is otherwise provided under section 68 of the Constitution, be the Standing Orders of the Legislative Council, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
The remuneration, allowances and other benefits payable to persons holding the offices of elected member of the Executive Council of St Helena, elected member of the existing Legislative Council and Speaker of that Council immediately before the appointed day shall, until it is otherwise provided under section 72 of the Constitution, continue to be payable to persons holding the corresponding offices under the Constitution on and after the appointed day.
The terms and conditions of employment (including the remuneration) applicable to the office of Chief Auditor for St Helena immediately before the appointed day shall, until it is otherwise provided under section 110(9) of the Constitution, continue to apply to that office on and after the appointed day.
Any person who immediately before the appointed day is a member of the Island Council of Ascension in accordance with a law in force in Ascension shall on that day become a member of the Island Council established by the Constitution, shall be deemed to have taken any oath or affirmation required by law, and shall hold his or her seat in accordance with any such law.
Any person who immediately before the appointed day is a member of the Island Council of Tristan da Cunha in accordance with a law in force in Tristan da Cunha shall on that day become a member of the Island Council established by the Constitution, shall be deemed to have taken any oath or affirmation required by law, and shall hold his or her seat in accordance with any such law.
(1) Any proceedings pending immediately before the appointed day in the Supreme Court or the Court of Appeal established by the existing Constitution may be continued on and after that day in the Supreme Court or, as the case may be, the Court of Appeal established by the Constitution.
(2) Any judgment or order of the Supreme Court or the Court of Appeal established by the existing Constitution given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on and after that day as if it were a judgment or order of the Supreme Court or, as the case may be, the Court of Appeal established by the Constitution.
There is reserved to Her Majesty full power to make laws from time to time for the peace, order and good government of St Helena, Ascension and Tristan da Cunha including, without prejudice to the generality of the foregoing, laws amending or revoking this Order or the Schedule.
(1) Chapter 1 and the Schedule to the Constitution apply to St Helena.
(2) Chapter 2 and the Schedule to the Constitution (except for paragraphs 3 and 4) apply to Ascension.
(3) Chapter 3 and the Schedule to the Constitution (except for paragraphs 3 and 4) apply to Tristan da Cunha.
Oath of allegiance
I…………………………do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God.
The partnership between the United Kingdom and St Helena shall continue to be based on the following values—
(a) good faith;
(b) the rule of law;
(c) good government;
(d) sound financial management;
(e) the impartial administration of justice;
(f) the impartiality of the St Helena Public Service;
(g) the maintenance of public order;
(h) compliance with applicable international obligations of the United Kingdom and of St Helena; and
(i) the maintenance of international peace and security and the right of individual or collective self-defence.
Oath for due execution of office of Governor
I…………………………do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of Governor in accordance with the Constitution and other laws of St Helena, Ascension and Tristan da Cunha and with due regard to the customs of St Helena, Ascension and Tristan da Cunha. So help me God.
The relationships between each of St Helena, Ascension and Tristan da Cunha shall continue to be based on the values listed in section 2 and a willingness to have due regard for one another’s interests.
Oath for due execution of office of Member of the Legislative Council
I…………………………do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of Member of the Legislative Council. So help me God.
(1) In exercising their responsibilities and powers, all organs of government in St Helena have a duty to give effect to the partnership values.
(2) As the partnership values are statements of political principle, no court shall find that any act or omission of an organ of government was unlawful on account of a failure to give effect to the partnership values.
(3) Subject to subsection (2), the Supreme Court may enquire, but only on an application for judicial review, whether or not any organ of government (other than the Governor) has acted rationally and with procedural propriety in relation to giving effect to a partnership value.
(4) No court shall enquire whether or not the Governor is justified in—
(a) deciding not to act in accordance with the advice of the Executive Council under section 43(5); or
(b) reserving a Bill for the signification of Her Majesty’s pleasure under section 74(3)(a),
in order to ensure consistency with a partnership value.
Oath of confidentiality
I…………………………do swear that I will be a true and faithful Councillor and that I will not, directly or indirectly, except with the authority of the Governor, reveal the business or proceedings of the Government of St Helena or the nature or contents of any document communicated to me, or any matter coming to my knowledge, in my capacity as a Councillor. So help me God.
Whereas every person in St Helena is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, without distinction of any kind, such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, age, disability, birth or other status, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
(c) protection for his or her private and family life, the privacy of his or her home and other property; and
(d) protection from deprivation of property save in the public interest and on payment of fair compensation,
this Part shall afford protection to these rights and freedoms, and to related rights and freedoms, subject to the limitations contained in this Part, being limitations designed to ensure that the enjoyment of the protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Judicial Oath
I…………………………do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of……………………….and I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God.
(1) No person shall be deprived intentionally of his or her life.
(2) A person shall not be regarded as having been deprived of his or her life in breach of this section if he or she dies as a result of the use, to such extent and in such circumstances as are permitted by law, of force which is no more than absolutely necessary—
(a) for the defence of any person from violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny,
or if he or she dies as a result of a lawful act of war.
Affirmations
In the forms above respectively set forth, for the word “swear” there shall be substituted the words “solemnly and sincerely affirm and declare”, and the words “So help me God” shall be omitted.
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, “forced or compulsory labour” does not include—
(a) any labour required of a member of a disciplined force as part of his or her duties or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour that the law requires that person to perform in place of such service;
(b) labour required of any person while he or she is lawfully detained that is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained;
(c) any labour required for the purpose of dealing with any situation arising during a period of public emergency or at a time when any other emergency or calamity threatens the well-being of the community, to the extent that the requiring of such labour is reasonably justifiable for that purpose; or
(d) any labour required in consequence of the sentence or order of a court.
(1) No person shall be deprived of his or her personal liberty save as may be authorised by law in any of the following cases—
(a) as a result of his or her unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for St Helena or some other country, in respect of a criminal offence of which he or she has been convicted;
(c) in execution of an order of a court punishing him or her for contempt of that court or of another court or of a tribunal;
(d) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him or her by law; but no person shall be deprived of his or her liberty merely on the ground of inability to fulfil a contractual obligation;
(e) in order to bring him or her before a court in execution of the order of a court;
(f) on reasonable suspicion of his or her having committed or of being about to commit a criminal offence under any law;
(g) in the case of a minor—
(i) under the order of a court or in order to bring him or her before a court; or
(ii) with the consent of the minor’s parent or guardian, for his or her education or welfare during any period ending not later than the date when the minor attains the age of majority or such lower age as may be provided by law;
(h) in order to prevent the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, in order to care for or treat him or her or for the protection of the community; or
(j) in order to prevent the unlawful entry of that person into St Helena, or to effect the expulsion, extradition or other lawful removal of that person from St Helena, or to restrict that person while he or she is being conveyed through St Helena in the course of his or her extradition or removal from one country to another as a wrongfully removed or retained child or as a convicted prisoner.
(2) Any person who is arrested or detained shall be informed promptly, orally and in writing, in a language that he or she understands, of the reason for his or her arrest or detention.
(3) Any person who is arrested or detained has the right, at any stage and at his or her own expense, to retain and instruct without delay a legal representative of his or her own choice, and to communicate privately with him or her, and in the case of a minor he or she shall also be given a reasonable opportunity to communicate with his or her parent or guardian; but when the person who is arrested or detained is unable to retain a legal representative at his or her own expense and the interests of justice so require, he or she shall be permitted to be represented by, and communicate privately with, a legal representative at the public expense.
(4) Every person who is arrested shall be informed, as soon as he or she is brought to a police station or other place of custody, of his or her rights under subsection (3); and he or she shall also have the right, and shall be informed at the same time that he or she has the right, to remain silent and to have one person informed by the quickest practicable means of his or her arrest and whereabouts.
(5) The exercise of the rights of communication conferred by subsections (3) and (4) may be delayed for such reasonable time as is provided by law, to the extent that the law in question is necessary in a democratic society for the prevention and detection of criminal offences.
(6) Any person who is arrested or detained—
(a) in order to bring him or her before a court in execution of the order of a court ; or
(b) on reasonable suspicion of his or her having committed or being about to commit a criminal offence under any law,
and who is not released, shall be brought without undue delay before a court.
(7) When a person is brought before a court in accordance with subsection (6)(b), the court, without prejudice to any further proceedings which may be brought against him or her, shall, unless there is good reason for the person’s continued detention, release the person either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that the person appears at a later date for trial or for proceedings preliminary to trial.
(8) Every person who is arrested or detained shall be entitled to take proceedings by which the lawfulness of his of her detention shall be decided speedily by a court and his or her release ordered if the detention is not lawful.
(9) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation for such unlawful arrest or detention from that other person, from any person or authority on whose behalf that other person was acting or from them both; but a judge or a judicial officer, or an officer of a court or a police officer acting in pursuance of the order of a judge or a judicial officer, shall not be personally liable to pay compensation under this subsection in respect or anything done by him or her in good faith in the discharge of the functions of his or her office, and any liability to pay any such compensation shall be a liability of the Crown.
(10) For the purposes of subsection (1)(b), a person charged with a criminal offence in respect of whom a special verdict has been returned that he or she committed the act or made the omission constituting the offence but was insane at the time shall be regarded as a person who has been convicted of a criminal offence, and the detention of that person in consequence of such a finding shall be regarded as detention in execution of the order of a court.
(1) If a person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair and public 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 or she is proved or has pleaded guilty;
(b) shall be informed promptly, in a language that he or she understands and in detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his or her defence;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice or, if unable to retain a legal representative at his or her own expense and the interests of justice so require, by a legal representative at the public expense;
(e) shall be given facilities to examine in person or by his or her legal representative the witnesses called before the court by the prosecution, and to obtain the attendance before the court and carry out the examination of witnesses to testify on his or her behalf 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 or she cannot understand the language used at his or her trial,
and, except with his or her own free consent, the trial shall not take place in his or her absence, unless he or she so behaves in the court as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence.
(3) When a person is tried for any criminal offence, he or she or any person authorised by him or her in that behalf shall, if he or she (the accused person) so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, save upon the order of a higher court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at his or her trial.
(8) Every person who has been convicted by a court of a criminal offence shall have the right to appeal to a higher court against his or her conviction or his or her sentence or both; but—
(a) nothing contained in any law shall be held to breach this subsection—
(i) to the extent that it precludes an appeal by a person against his or her conviction of an offence if he or she pleaded guilty to that offence at trial; or
(ii) to the extent that it makes reasonable provision with respect to the grounds on which any such appeal may be made or with respect to the practice and procedure to be observed in relation to the making, hearing and disposal of any such appeal; and
(b) this subsection shall not apply in relation to the conviction of a person by a higher court, or in relation to his or her sentence upon such conviction, if he or she was convicted by that court on an appeal against his or her acquittal by a lower court.
(9) When a person has, by a final decision of a court, been convicted of a criminal offence and, subsequently, his or her conviction has been quashed, or he or she has been pardoned, on the ground that a newly-disclosed fact shows that there has been a miscarriage of justice, he or she shall be compensated out of public funds for any punishment that he or she has suffered as a result of the conviction unless it is proved that the non-disclosure in time of that fact was wholly or partly his or her fault.
(10) For the determination of the existence or extent of his or her civil rights and obligations, every person shall have the right to a fair hearing within a reasonable time before an independent and impartial court, tribunal or other authority established by law.
(11) All proceedings for the determination of the existence or extent of any person’s civil rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public.
(12) Nothing in subsection (1) or (11) shall prevent a court or other authority from excluding from criminal or civil proceedings persons other than the parties thereto and their legal representatives, or forbidding the publication of the names of the parties or other details of the evidence or of the decision to such an extent as the court or other authority—
(a) is empowered by law to do and considers necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interim proceedings, or in the interests of the welfare of minors or the protection of the private lives of persons concerned in the proceedings; or
(b) is empowered or required by law to do in the interests of defence, public safety, public order or public morality.
(13) Nothing contained in or done under the authority of any law shall be held to breach—
(a) subsection (2)(a), to the extent that the law in question imposes on any person charged with a criminal offence the burden of proving particular facts;
(b) subsection (2)(e), to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5), to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any court so trying such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded him or her under that disciplinary law.
(1) All persons deprived of their liberty (in this section referred to as “prisoners”) shall have the right to be treated with humanity and with respect for the inherent dignity of the human person.
(2) Every unconvicted prisoner shall be entitled to be treated in a manner appropriate to his or her status as such.
(3) Every juvenile prisoner shall be treated in a manner appropriate to his or her age and legal status and, if he or she is an unconvicted prisoner and unless he or she is earlier released, shall have any criminal proceedings against him or her pursued with the greatest possible expedition.
(4) Save where the interests of defence, public safety, public order, public morality, public health or the administration of justice otherwise require, or the facilities available for the detention of prisoners do not permit, or segregation would be detrimental to the well-being of a prisoner, unconvicted prisoners shall be segregated from convicted prisoners, and juvenile prisoners shall be segregated from adult prisoners.
(1) A person shall not be deprived of his or her freedom of movement, that is to say, the right to move freely throughout St Helena, the right to reside anywhere in St Helena, the right to enter St Helena, the right to leave St Helena and immunity from expulsion from St Helena.
(2) Any restriction on a person’s freedom of movement as a result of his or her lawful detention shall not be held to breach this section.
(3) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question provides—
(a) for restrictions on movement or residence within St Helena or on the right to leave St Helena of persons generally or any class of persons that are necessary in a democratic society in the interests of defence, public safety, public order, public morality or public health;
(b) for the imposition of restrictions, by order of a court, on the movement or residence within St Helena of any person or on any person’s right to leave St Helena either in consequence of his or her having been found guilty of a criminal offence or for the purpose of ensuring that he or she appears before a court at a later date for trial for a criminal offence or for proceedings relating to his or her extradition or lawful removal from St Helena;
(c) for the imposition of restriction on persons who do not have St Helenian status; but—
(i) no restriction may be imposed by virtue only of this paragraph on the right of any such person, so long as he or she is lawfully present in St Helena, to move freely throughout St Helena and to reside anywhere in St Helena;
(ii) no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave St Helena; and
(iii) no such person shall be liable, by virtue only of this paragraph, to be expelled from St Helena unless the requirements specified in subsection (4) are satisfied;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in St Helena;
(e) for the imposition of restrictions on the movement or residence within St Helena or on the right to leave St Helena of any officer of the St Helena Public Service that are reasonably required for the proper performance of his or her functions;
(f) for the removal of a person from St Helena to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence of which he or she has been convicted;
(g) for the removal from St Helena of a wrongfully removed or retained child; or
(h) for the imposition of restrictions on the right of any person to leave St Helena that are necessary in a democratic society in order to secure the fulfilment of any obligations imposed on that person by law.
(4) The requirements to be satisfied for the purposes of subsection (3)(c)(iii) (that is to say, before a person who does not have St Helenian status may be expelled from St Helena) are as follows—
(a) the decision to expel him or her is taken in a manner and on grounds prescribed by law;
(b) he or she has the right, save where the interests of defence, public safety or public order otherwise require—
(i) to have the decision to expel him or her reviewed by a competent authority prescribed by law;
(ii) to know the reasons for the decision to expel him or her and to submit reasons against his or her expulsion to that authority; and
(iii) for either of those purposes, to be represented before that authority or some other person or authority designated in that behalf by that authority.
(1) Every person shall have the right to respect for his or her private and family life, his or her home and his or her correspondence or other means of communication, and, except with his or her own free consent, no person shall be subjected to the search of his or her person or property or the entry by others on his or her premises.
(2) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question is necessary in a democratic society—
(a) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development of mineral resources, or the development or use of any other property in such a manner as to promote the public benefit;
(b) to protect the rights and freedoms of other persons;
(c) to enable an officer or agent of the Government of St Helena or any public authority to enter on the premises of any person in order to inspect those premises or anything on them for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government of St Helena or that public authority;
(d) to authorise, for the purpose of enforcing the judgment or order of a court, the search of any person or property by order of a court or the entry upon any premises by such order; or
(e) for the purpose of preventing or detecting breaches of the criminal, customs or immigration law.
(1) Every man and woman of marriageable age (as determined by or under any law) shall have the right to marry and found a family.
(2) No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.
(3) Nothing contained in or done under the authority of any law shall be held to breach subsection (1) to the extent that the law in question is necessary in a democratic society—
(a) in the interests of public order, public morality or public health;
(b) to regulate, in the public interest, the procedures and modalities of marriage; or
(c) for the protection of the rights and freedoms of others.
(4) Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their children both during marriage and, if the marriage is dissolved, thereon and thereafter, but this equality of rights and responsibilities shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court.
(5) Every child shall have the right to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the Government of St Helena, and which are appropriate and proportionate to the circumstances of St Helena.
(1) Except with his or her own free consent, no person shall be hindered in his or her enjoyment of his or her freedom of conscience, which includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others and either in public or in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
(2) Except with his or her own free consent (or, if he or she is a minor, the consent of his or her parent or guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own.
(3) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that community or denomination in the course of any education provided by it whether or not it is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question is necessary in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the protection of the rights and freedoms of other persons, including the right of any person to observe and practise his or her religion or belief without the unsolicited intervention of adherents of any other religion or belief.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
(1) This section is without prejudice to section 15.
(2) Every child of the appropriate age, as provided by law, shall be entitled to receive primary education which shall, subject to subsection (3), be free.
(3) Every person who is the parent or legal guardian of a child shall be entitled to have his or her child (of whatever age) educated, at his or her own expense unless a law otherwise provides, in a private school (that is to say, a school other than one established by the Government of St Helena or a public authority) and, in such a school, to ensure the religious and moral education of his or her child in accordance with his or her own convictions.
(4) Nothing contained in or done under the authority of any law shall be held to breach subsection (3) to the extent that the law in question is necessary in a democratic society for the purpose of making provision requiring private schools, as a condition of their being allowed to operate and on terms no more onerous than are applicable to schools established by the Government of St Helena or a public authority, to satisfy—
(a) such minimum educational standards (including standards relating to the qualifications of teaching staff and other staff) as may be prescribed by or under that or any other law; and
(b) such minimum standards imposed in the interests of public order, public morality or public health as may be so prescribed.
(1) Except with his or her own free consent, no person shall be hindered in the enjoyment of his or her freedom of expression.
(2) For the purposes of this section a person’s freedom of expression includes his or her freedom to hold opinions without interference, his or her freedom to receive information and ideas without interference, his or her freedom to disseminate information and ideas without interference (whether the dissemination be to the public generally or to any person or class of persons) and his or her freedom from interference with his or her correspondence or other means of communication.
(3) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question is necessary in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the protection of the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings or proceedings before any other tribunal or authority, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, posts, telegraphy, electronic communications, broadcasting or public shows; or
(c) to impose restrictions on an officer of the St Helena Public Service for the proper performance of his or her functions.
(1) Except with his or her own free consent, no person shall be hindered in the enjoyment of his or her freedom of peaceful assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the promotion and protection of his or her interests.
(2) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question is necessary in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the protection of the rights and freedoms of other persons; or
(c) to impose on officers of the St Helena Public Service restrictions that interfere as little as is practicable with the rights and freedoms conferred by this section, for the purposes of safeguarding the impartiality of the Public Service, the discipline of the police force or of any prison service or the provision of public services that are essential to public order, public safety or public health.
(1) No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except in accordance with a law and where the following conditions are satisfied—
(a) the taking of possession or acquisition is in the public interest; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right to or over the property; and
(c) provision is made by a law—
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right to or over the property a right of access to the Supreme Court, whether direct or on appeal from another tribunal or authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.
(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax imposed by public authority in respect of its remission) to any country of his or her choice outside St Helena.
(3) Without prejudice to the generality of the expression “in the public interest” in subsection (1), nothing contained in or done under the authority of any law shall be held to breach this section to the extent that the law in question makes provision—
(a) for controlling the use of any property, interest or right in accordance with the general interest; or
(b) for taking possession of or acquiring any property, interest or right—
(i) as a consequence of a breach of the law;
(ii) to secure the payment of taxes or other like impositions; or
(iii) for the administration or enforcement of the law regulating the private civil rights and obligations of persons in respect of property.
(1) No person with St Helenian status shall be arbitrarily deprived of that status, whether by legislation or otherwise.
(2) As everyone has the right to a nationality, no person shall be arbitrarily deprived of his or her British citizenship, whether by legislation or otherwise.
(1) Subject to subsection (4), no law shall make any provision which is discriminatory either of itself or in its effect.
(2) Subject to subsections (4) and (6), no person shall be treated in a discriminatory manner by any organ or officer of the executive or judicial branches of government or any person acting in the performance of the functions of the St Helena Public Service or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, age, disability, birth or other status.
(4) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that it has an objective and reasonable justification and there is a reasonable proportion between the provision of law in question or, as the case may be, the thing done under it and the aim which that provision or the thing done under it seeks to realise.
(5) No person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort; but the proprietor of such a place has a duty to provide amenities and equipment facilitating the access of disabled persons only to the extent provided by a law.
(6) For the purposes of subsection (2), the exercise, in relation to a person, of any discretion to institute, conduct or discontinue criminal or civil proceedings in any court shall not in itself be held to breach this section.
Nothing contained in or done under the authority of any law shall be held to breach any of the provisions of this Part other than sections 6, 7, 8(1), 10(2)(a), 10(4), 10(5), 10(6) and 10(7) to the extent that the law in question authorises the taking during any period of public emergency of measures that are strictly required for dealing with the situation that exists in St Helena during that period.
(1) When a person is detained by virtue of a law referred to in section 22, the following provisions shall apply—
(a) he or she shall, as soon as reasonably possible, and in any case not more than seven days after the start of his or her detention, be informed in detail, in a language that he or she understands, of the grounds upon which he or she is detained and furnished with a written statement, in a language that he or she understands or, if this is not reasonably practicable, in English, specifying those grounds in detail;
(b) not more than fourteen days after the start of his or her detention a notification shall be published in a public place (and as soon as possible thereafter in the Gazette ) stating that he or she has been detained and setting out the provision of law by virtue of which his or her detention is authorised;
(c) not more than one month after the start of his or her detention and thereafter during the detention at intervals of not more than six months, his or her case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice;
(d) he or she shall be given reasonable facilities to consult a legal representative of his or her own choice (or, if he or she is unable to retain a legal representative, such person as the tribunal may approve) who shall be permitted to make representations to the tribunal appointed for the review of his or her case; and
(e) at the hearing of his or her case by the tribunal appointed for its review he or she shall be permitted to appear in person or by a legal representative of his or her own choice or, if he or she is unable to retain a legal representative, by such person as the tribunal may approve.
(2) On any review by a tribunal of the case of a detained person in pursuance of this section, the tribunal may make recommendations concerning the necessity or expediency of continuing the detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing in subsection (1)(d) or subsection (1)(e) shall be construed as entitling a person to legal representation at the public expense, except when the interests of justice so require.
(1) If any person alleges that any of the provisions of this Part has been, is being or is likely to be breached in relation to him or her (or, in the case of a person who is detained, if any other person alleges such a breach in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (7),
and may make such declarations and orders, issue such writs and give such directions as it considers appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Part.
(3) The Supreme Court may decline to exercise its powers under subsection (2) if it is satisfied that adequate means of redress for the breach alleged are or have been available to the person concerned under any other law.
(4) Without prejudice to the generality of subsection (2), where, in the exercise of its powers under that subsection, the Supreme Court determines that one of the provisions of this Part has been breached in relation to any person, it—
(a) may order the award to that person of such damages as the Supreme Court considers just and appropriate; or
(b) may direct the court which made the reference to it under subsection (7) (“the referring court”) to order the award to that person of such damages as that court considers just and appropriate, within such limits (if any) as the Supreme Court declares.
(5) An award of damages may not be made in pursuance of subsection (4) in respect of the making of any law but such an award may be made in respect of anything done by any organ or officer of the executive or judicial branches of government or any person acting in the performance of the functions of the St Helena Public Service or any public authority.
(6) Subsection (4) is without prejudice to section 9(9).
(7) If in any proceedings in a subordinate court any question arises as to the breach of any of the provisions of this Part, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in the opinion of the court in which the question arose, the raising of the question is merely frivolous or vexatious.
(8) If the effect of a provision of this Part is in issue in proceedings before the Supreme Court, the Court of Appeal or Her Majesty in Council, to which the Crown is not a party—
(a) the Attorney General may intervene; and
(b) the presiding judge must not hear and determine the proceedings until satisfied that the Attorney General has received notice of the proceedings and has had sufficient time to decide whether or not to intervene.
(9) Where any question is referred to the Supreme Court in pursuance of subsection (7), the Supreme Court shall give its decision upon the question and the referring court shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
(10) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any such case; but no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the ground that it is frivolous or vexatious.
(11) The Legislature may by Ordinance confer on the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that Court more effectively to exercise the jurisdiction conferred on it by this section.
(12) The Chief Justice or the President of the Court of Appeal, as the case requires, may make Rules of Court with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section;
(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or the Court of Appeal; and
(c) of subordinate courts in relation to references to the Supreme Court under subsection (7),
including provisions with respect to the time within which any application, reference or appeal shall or may be made or brought.
(1) A member of—
(a) any police force of St Helena;
(b) any prison service of St Helena;
(c) any fire service of St Helena; and
(d) any naval, military or air force raised in St Helena under the law of St Helena,
who is charged with having committed an offence against the law of St Helena, other than a disciplinary offence, is entitled to the full protection of this Part.
(2) A member of a force referred to in subsection (1) who is charged with having committed a disciplinary offence is entitled to the protection of sections 6, 7 and 8.
(3) If a member of a force referred to in subsection (1) has been convicted of an offence against the law of St Helena other than a disciplinary offence, and is also convicted of a disciplinary offence arising out of the same conduct, the punishment for the first-mentioned offence must be taken into account in determining the punishment for the disciplinary offence.
(4) A member of a visiting force who is charged with having committed an offence against the law of St Helena is entitled to the full protection of this Part.
(5) A member of a visiting force who is charged in St Helena with having committed a disciplinary offence, including an offence against any criminal law of the sending State which, by virtue of a provision of the disciplinary law of that force, applies to that member while in St Helena, is entitled to the protection of sections 6, 7 and 8.
(6) In this section, “sending State”, in relation to a member of a visiting force, means the country, other than St Helena, in or under the law of which that force was raised.
(1) There shall be a Governor of St Helena.
(2) Appointments to the office of Governor shall be made by Her Majesty by Commission under Her Sign Manual and Signet and a person appointed to the office shall hold office during Her Majesty’s pleasure.
(3) A person appointed to the office of Governor shall, before entering upon the functions of that office, make before the Sheriff of St Helena oaths or affirmations of allegiance and for the due execution of that office in the forms set out in the Schedule.
(4) The Governor shall have such functions as are conferred or imposed on him or her by this Constitution or any other law and such other functions as Her Majesty may from time to time be pleased to assign to him or her through a Secretary of State, and, subject to the provisions of this Constitution and of any other law by which any such functions are conferred or imposed, shall do and execute all things that belong to his or her office according to such instructions, if any, as Her Majesty may from time to time see fit to give him or her through a Secretary of State; but no court shall enquire whether or not he or she has complied with any such instructions.
(1) Whenever the office of Governor is vacant or the Governor is absent from St Helena or is for any other reason unable to perform the functions of his or her office those functions shall, during Her Majesty’s pleasure, be assumed and performed as Acting Governor by such person as Her Majesty may designate in that behalf by instructions given through a Secretary of State.
(2) Before assuming the functions of the office of Governor, the person designated shall make the oaths or affirmations directed by section 26(3) to be made by the Governor.
(3) A person who has assumed the functions of the office of Governor shall cease to perform those functions on being notified by the Governor that he or she is about to resume or assume those functions.
(4) For the purposes of this section the Governor shall not be regarded as absent from St Helena, or as unable to perform the functions of the office of Governor, at any time when there is a subsisting appointment of a Deputy under section 28.
(5) In this section, “the Governor” means the person holding the office of Governor.
(1) Whenever the Governor—
(a) has occasion to be absent from the seat of government for a period that he or she has reason to believe will be of short duration;
(b) has occasion to visit Ascension or Tristan da Cunha; or
(c) is suffering from an illness that he or she has reason to believe will be of short duration,
the Governor may, by instrument under the public seal, appoint any person in St Helena to be his or her Deputy during such absence or illness and in that capacity to discharge on his or her behalf during such absence or illness such of the functions of the office of Governor as may be specified in that instrument.
(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a Deputy under this section otherwise than as Her Majesty may at any time think proper to direct by instructions to the Governor through a Secretary of State, and every such Deputy shall conform to and observe all instructions that the Governor may from time to time address to him or her.
(3) A person appointed as Deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he or she is appointed, and his or her appointment may be revoked at any time by Her Majesty by instructions given to the Governor through a Secretary of State or by the Governor.
(4) In this section, “the Governor” does not include a Deputy appointed under this section.
(5) The powers conferred on the Governor by this section shall be exercised by the Governor in his or her discretion.
(1) The Governor may, in Her Majesty’s name and on Her Majesty’s behalf—
(a) grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to Her Majesty on account of any offence.
(2) The Governor shall exercise the powers conferred by this section acting in his or her discretion, but after consulting the Committee established by section 30.
(1) There shall be for St Helena an Advisory Committee on the Prerogative of Mercy whose members shall be appointed by the Governor, acting in his or her discretion but after consulting the Executive Council, and in accordance with subsection (2).
(2) The Committee shall consist of not fewer than three nor more than five members, of whom one may be a member of the Executive Council, and at least one shall represent the public interest; but no Member of the Legislative Council (except a member of the Executive Council), judge or judicial officer shall be eligible to be a member of the Committee.
(3) The Committee shall not be summoned except by the authority of the Governor, acting in his or her discretion; and the Governor shall preside at all meetings of the Committee.
(4) No business shall be transacted at any meeting of the Committee unless there are at least three members present.
(5) The office as a member of the Committee of any member appointed under subsection (1) shall become vacant if the Governor, acting in his or her discretion but after consulting the Executive Council, revokes his or her appointment as a member of the Committee.
(6) Subject to subsection (4), the Committee shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and the validity of the transaction of any business of the Committee shall not be affected by reason only of the fact that some person who was not entitled to do so took part in the proceedings.
(7) Subject to this section the Committee may regulate its own proceedings.
The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2009-1751
Contains public sector information licensed under the Open Government Licence v3.0.
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