Protection of freedom of movement

22. 1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Barbados, the right to reside in any part of Barbados, the right to enter Barbados, the right to leave Barbados and immunity from expulsion from Barbados.

2. Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

3. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this section to the extent that the law in question makes provision -

a. for the imposition of restrictions on the movement or residence within Barbados of any person or on any person s right to leave Barbados that are reasonably required in the interests of defence, public safety or public order;

b. for the imposition of restrictions on the movement or residence within Barbados or on the right to leave Barbados of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;

c. for the imposition of restrictions on the movement or residence within Barbados of any person who is not a citizen thereof or the exclusion or expulsion from Barbados of any such person;

d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;

e. for the imposition of restrictions, on the movement or residence within Barbados of any person who is not a citizen thereof or the exclusion or expulsion from Barbados of any such person;

d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;

e. for the imposition of restrictions, by order of a court, on the movement or residence within Barbados of any person or on any person's right to leave Barbados either in consequence of this having been found guilty of a criminal offense under the law of Barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for preceedings preliminary to trial or for preceding relating to his extradition or lawful removal from Barbados;

f. for the imposition of restrictions upon the movement or residence within Barbados or on the right to leave Barbados of public officers or members of a disciplined force;

g. for the removal of persons from Barbados -

i. to be tried or punished in some other country for a criminal offense under the law of that country;

ii. to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law of Barbados of which he has been convicted;

iii. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Barbados relating to the treatment of offenders under a specified age; or

iv. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Barbados relating yo persons suffering from defect or disease of the mind; or

h. for the imposition of restrictions on the right of any person to leave Barbados that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law.

4. Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the following provisions shall apply -

a. he shall, as soon as reasonably practicable and in any case not more than five days after the Commencement of the restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction has been imposed;

b. not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is authorized;

c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in Barbados as barristers or solicitors; and

e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral representations or both to the tribunal appointed for the review of his case.

5. On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom 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.