I assent,

A.Chung,

President.

20th February, 1980.

SECTION

1. Short title.

2. Interpretation.

3. Constitutional Instruments (including the existing Constitution) repealed.

4. Appointed day.

5. Exercise of powers of Parliament before appointed day.

6. Exercise of power of President before appointed day.

7. Existing laws.

8. Parliament.

9. Standing Orders.

10. President.

11. Prime Minister.

12. Ministers, Attorney General, Parliamentary Secretaries, etc.

13. Cabinet.

14. Supreme Court of Judicature.

15. Existing officers.

16. Oaths.

17. Commissions.

18. Continuation of proceedings.

19. Local democratic organs.

20. Amendment of certain provisions of Amerindian Lands Commission Act.

21. Electoral districts and list of electors.

22. Amendment of this Act.

SCHEDULE

Enacted by the Parliament of Guyana:--

1. This Act may be cited as the Constitution of the Co- operative Republic of Guyana Act 1980.

2.(1) In this Act--

(2) References In article 133 of the Constitution to any question as to the interpretation of the Constitution shall be construed as including references to any question as to the Interpretation of any provision of this Act.

3. Subject to the provisions of this Act, on the appointed day all the provisions of the Guyana Independence Act 1966, the Guyana Independence Order 1966 (in so far as they form part of the law of Guyana) and the existing Constitution are repealed and thereupon the Constitution shall have effect as the supreme law of Guyana in place of the existing Constitution.

4. The President shall by proclamation fix a day, being a day not later than 6th October, 1980, for the coming into operation of the Constitution.

5. At any time after the enactment of this Act, the existing Parliament may for the purpose of enabling the Constitution to function on and after the appointed day exercise any of the powers conferred on the Parliament established by the Constitution.

6. The power conferred by section 7(2) to make orders may be exercised by the President under the existing Constitution at any time after the enactment of this Act to such extent as may, in his opinion, be necessary or expedient to enable the Constitution to function on and after the appointed day.

7.(1) Subject to the provisions of this Act, the existing laws shall continue in force on and after the appointed day as if they had been made in pursuance of the Constitution but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Act.

(2) The President may by order made at any time within the period of three years next after the commencement of the Constitution make such modifications to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or otherwise for giving effect or enabling effect to be given to those provisions.

(3) Anything done under any existing law before its modification by or under this section which would, but for this subsection, cease by virtue of that modification to have effect, shall continue to have effect as if done under that law as so modified.

(4) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under any existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the laws repealed by section 3, that prescription or provision shall, on and after that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Act) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

(5) All enactments passed or made by any Parliament or person or authority under or by virtue of the Guyana Independence Order 1966 and the existing Constitution and not before the appointed day declared by a competent court to be void by reason of any inconsistency with any provision of the existing Constitution and that are not repealed, lapsed or spent or that had not otherwise had their effect, shall be deemed to have been validly passed or made and to have had full force and effect as part of the law of Guyana immediately before the appointed day even if any such enactments were inconsistent with any provision of the existing Constitution.

(6) Without prejudice to the generality of the foregoing provisions of this section, if a proclamation of emergency is in force under article 16 of the existing Constitution immediately before the appointed day by virtue of a resolution of the existing Assembly, the proclamation shall on and after that day have effect as if it had been made under article 150 of the Constitution and (without prejudice to its continuance in force for further periods by virtue of the provisions of' paragraph (3)(c) of the said article 150) as if its continuance In force to the date referred to in that resolution had -been approved by a resolution passed by the National Assembly under the provisions of paragraph (3) (c) of the said article 150; and if any person is on the appointed day detained or restricted in the manner referred to in article 151 of the Constitution the provisions of that article requiring his case to be reviewed by a tribunal established for the purpose of that article not later than three months from the commencement of the detention or restriction shall, In relation to that person, have effect as if the detention or restriction had commenced on the appointed day.

(7) The provisions of this section shall be without prejudice to any powers conferred by any law upon any person or authority to make provision for any matter, Including the making of modifications to any existing law.

8.(1) Notwithstanding any difference between the composition of the existing Assembly and that of the National Assembly established by the Constitution, with effect from the appointed day and until the National. Assembly sits for the first time after the first election held pursuant to the provisions of article 60 (2) of the Constitution, but subject to subsection (5). the existing Assembly shall be deemed to be the National Assembly established by the Constitution (referred to in this section in respect of that period as "the transitional National Assembly").

(2) Without prejudice to the generality of subsection (1), the persons who immediately before the appointed day were members of the existing Assembly shall with effect from that day be members of the transitional National Assembly, and all questions concerning membership and functioning of the transitional National Assembly shall be regulated as nearly as may be practicable by the existing law applicable in the like case to the existing Assembly.

(3) All matters pending before the existing Assembly immediately before the appointed day may be continued and completed by the transitional National Assembly.

(4) Unless and until the transitional National Assembly otherwise resolves, any person who is a member of that Assembly by virtue of subsection (2) shall be deemed to have made and subscribed before the Assembly the oath referred to in article 167 of the Constitution.

(5) Unless sooner dissolved by the President pursuant to the provisions of article 70 (2) of the Constitution, the Parliament constituted by the President and the transitional National Assembly shall stand dissolved on 26th October, 1980.

(6) The first election of members of the National Assembly pursuant to the provisions of paragraphs (3) and (4) of article 60 of the Constitution shall be held on such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after the holding of the first election of members of the regional democratic council or of the National Congress of Local Democratic Organs. as the case may be.

(7) All moneys granted, voted or appropriated by the existing Assembly in respect of the services of Guyana for the current financial year shall be deemed to have been granted, voted or appropriated by the National Assembly established by the Constitution and in ac- cordance with the Constitution.

(8) In this section "modification" Includes amendment, adaptation or other alteration authorised by subsection (1).

(9) For the purposes of article 142 of the Constitution, the provisions contained in the Acquisition of Lands for Public Purposes Act shall be deemed to specify the principles on which and the manner cap. 62:00 in which the payment of compensation is to be determined and given for property compulsorily acquired thereunder.

(10) For so long as the legal profession in Guyana continues to be divided into barristers and solicitors, any reference in the Constitution to a lawyer, however described, shall be deemed to be a reference to an advocate or a legal adviser or a barrister or a solicitor, as the case may be, in the corresponding provision of the existing Constitution.

9. The rules and orders of the existing Assembly as in force immediately before the appointed day shall. until it is otherwise provided for under article 165 and article 173 of the Constitution, as the case may be, be the rules of procedure of the National Assembly and of the Supreme Congress of the People established under the Constitution, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

10.(1) The person who immediately before the appointed day holds the office of Prime Minister under the existing Constitution shall, subject to the provisions of article 97 of the Constitution (relating to the taking of an oath by the President), assume office as President of the Co-operative Republic of Guyana that day as if be had been elected thereto in pursuance of the provisions of the Constitution and shall, unless he sooner dies or resigns or unless he ceases to hold office by virtue of articles 93 and 94 of the Constitution, continue in office until the person elected President in the next following Presidential election held for the purposes of article 91 of the Constitution assumes office.

(2) On the assumption of his office pursuant to subsection (1) the first President of Guyana shall cease to be a member of the National Assembly and his seat shall thereby become vacant and may be filled as nearly as practicable in accordance with the provisions of article 70 of the existing Constitution.

11. Until a Prime Minister is appointed under article 101 of the Constitution, the person who immediately before the appointed day holds the office of Minister under the existing Constitution which, however styled. ranks next in seniority after the office of Prime Minister and who is an elected member of the existing Assembly shall, on and after that day, hold the office of Prime Minister as if he had been appointed thereto under that article.

12.(1) Subject to the provisions of sections 10 and 11, the per sons who immediately before the appointed day held office as Minister (other than as Prime Minister), Attorney General, Parliamentary Secretary, Speaker, Deputy Speaker or Leader of the Opposition shall, on and after that day, hold the corresponding office established by the Constitution as if they had been appointed or elected thereto, as the case may be, in accordance with the provisions of the Constitution.

(2) Any person holding the office of Prime Minister or Of Minister by virtue of the provisions of section 11 or of sub. section (1) of this section respectively who, immediately before the appointed day, was assigned responsibility under the existing Constitu- tion for any business of the Government of Guyana, including the administration of any department of Government, shall, on and after that day. be deemed to have been assigned responsibility therefor under article 107 of the Constitution.

13. Subject to paragraph (1) of article 106 of the Constitution, every person who does not otherwise become a member of the Cabinet established by the Constitution but who immediately before the appointed day is a member of the Cabinet under the existing Constitution shall on and after that day be a member of the Cabinet established by the Constitution as if he had been appointed thereto under that paragraph.

14.(1) The Supreme Court of Judicature in existence immediately before the appointed day shall on and after that day be the Supreme Court of Judicature for the purposes of the Constitution as if it were established thereunder.

(2) Any decision given before the appointed day by any court forming part of the Supreme Court of Judicature in existence immediately before that day shall, for the purpose of its enforcement or for the purpose of any appeal therefrom, have effect on and after that day as if it were a decision of the corresponding court established by the Constitution.

15.(1) Subject to the provisions of this Act, every person who immediately before the appointed day holds or is acting in a public office shall, on and after that day, hold or act in that office or the corresponding office established by the Constitution, as the case may be, as if he had been appointed to do so in accordance with the provisions of the Constitution:

Provided that any person who, under the laws repealed by section 3 or any other existing law, would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.

(2) Subsection (1) shall apply in relation to the offices of Chancellor, Chief Justice, Justice of Appeal. Puisne Judge. Ombudsman, Clerk and Deputy Clerk of the National Assembly and. subject to section 17. to the offices of Chairman, Deputy Chairman (if any) and member of the Judicial Service Commission. the Public Service Commission, the Police Service Commission. the Teaching Service Commission and the Elections Commission as if those offices were public offices.

16. Any person who holds or acts in any office on the appointed day by virtue of the provisions of section 11, 12 or 15 shall be deemed to have taken any necessary oath under the Constitution or any other law:

Provided that the President may, at any time on or after the appointed day, require any such person to take any oath required as aforesaid.

17.(1) Until the expiration of the period of three months next after the day on which the first election after the appointed day has been held pursuant to the provisions of article 61 of the Constitution or until dissolved by a proclamation issued by the President, whichever shall the sooner occur, the service commissions and the Elections Commission as constituted immediately before the appointed day shall on and after that day be deemed to be the corresponding commissions under the Constitution notwithstanding any difference in composition under the existing law and under the Constitution, and any appointments to vacancies in membership and other matters relating thereto shall be made and regulated as nearly as may be practicable in accordance with the existing law.

(2) Any power of a service commission which immediately before the appointed day is validly delegated to any person or authority shall, to the extent that that power could be delegated under the Con. stitution to such person or authority. be deemed. on and after that day, to have been delegated to that person or authority in accordance with the provisions of the Constitution.

18. Where any proceedings are pending immediately before the appointed day before any court, body or authority in respect of which a corresponding court, body or authority is established by or under the Constitution, those proceedings may on and after that day be continued and completed by or before such corresponding court, body or authority as if they had been commenced in or before such corresponding court, body or authority:

Provided that in the case of any proceedings before any court, tribunal or the Ombudsman (including any disciplinary proceedings) where the hearing was partly completed immediately before the appointed day (in this section referred to as "the original hearing"). no person shall take part in the continued hearing, either as the sole or other member, as the case may be. of the corresponding court, body or authority established by or under the Constitution unless he has also taken part in the original hearing, and where the original hearing can- not be so continued the hearing shall be recommenced.

19. Any local government authority in existence immediately before the appointed day shall be deemed to be a local democratic organ for the purposes of the Constitution as if it were constituted thereunder.

20. Notwithstanding anything contained in the Constitution, sections 2 and 3 of the Amerindian Lands Commission Act as in force immediately before the appointed day may be amended by Parliament only in the same manner as the provisions specified in article 164(2)(b) of the Constitution. 21.(1) The polling districts and divisions constituted under any existing law in relation to elections of members of the existing Assembly shall be deemed to be the polling districts and divisions for the purposes of elections to be held under article 60 (2) of the Constitution subject to any amendments duly made thereto under such law. (2) The list of electors last prepared before the appointed day for the purposes of holding elections of members of the existing Assembly shall. subject to any further revision in accordance with law. be deemed to be the list of electors prepared by the Elections Com- mission under article 162 of the Constitution for the purposes of article 60 (2) thereof.

22.(1) Parliament may amend section 3 and this section in the same manner as it may alter any of the provisions specified in article 164(2) (a) of the Constitution.

(2) Parliament may amend any other provision of this Act. with the exception of the Schedule thereto. in the same manner as it may alter any of the provisions specified in article 164(2) (b) of the Constitution.

(3) Article 164(3) of the Constitution shall apply for the purpose of construing references in this section to any provision of this Act and to the alteration of any such provisl6h as it appues for the pur- pose of construing references in the said article 164 to any provision of the Constitution and to the alteration of any such provision.

CHAPTER I

THE STATE AND THE CONSTITUTION

CHAPTER VIII

THE SUPREME CONGRESS OF THE PEOPLE

138. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law of Guyana of which he has been convicted.

(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having bee n deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case 

(a) for the defense of any person from violence or for the defense of property;

(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

(d) in order to prevent the commission by that person of a criminal offense,

or if he dies as the result of a lawful act of war.

139. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say 

(a) in execution of the sentence or order of a court, whether established for Guyana or some other country, in respect of a criminal offense of which he has been convicted;

(b) in execution of an order of the High Court of the Court of Appeal of such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another cour t or tribunal;

(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Guyana;

(f) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into Guyana, or for the purpose of effecting expulsion, extradition or other lawful removal of that person from Guyana or for the purpose of restricting that person while he is being conveyed through Guyana in the course of his extradition or removal as a convicted prisoner from one country to another;

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Guyana or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Guyana in which, in consequence of any such order, his presence would otherwise be unlawful;

(k) subject to the provisions of the next following paragraph, for the purposes of his preventive detention;

(l) for the purpose of his being called up for national service.

(2) (a) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.

(b) The references in subparagraph (a) to a period of three months include references to any lesser period that amount in the aggregate to three months: Provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more than one month.

(c) A person who has been detained by virtue of the provisions of any law providing for preventive detention and who has been released from detention in consequence of a report of a tribun al established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his detention shall not be again detained by virtue of such provisions within the period of six months from his release on the same grounds as he was o riginally detained.

(d) For the purposes of subparagraph (c) a person shall be deemed to have been detained on the same grounds as he was originally detained unless a tribunal established as aforesaid has rep orted that, in its opinion, there appears prima facie, to be new and reasonable grounds for the detention and the giving of any such report shall be without prejudice to the provisions of subparagraph (a).

(e) A tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are Judges of the Supreme Court of Judicature or who are qualifie d to be appointed as Puisne Judges of the High Court.

(3) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him.

(4) any person who is arrested or detained 

(a) for the purpose of bringing him before a court in execution of the order of the court; or

(b) upon reasonable suspicion of his having committed or being about to commit a criminal offense and who is not released, shall be brought before a court as soon as is reasonably practica ble; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, thin, without prejudice to any further proceedings which may be brought agains t him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

(6) Nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph (3) require that he shall be permitted to retain and instruct a legal adviser and to hold communication with him.

140. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, the expression "forced labour" does not include 

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests o f hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval , military or air force, any labour that person is required by law to perform in place of such service; or

(d) any labour required during any period when Guyana is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of th e community to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

141. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infli ction of any punishment of the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.

Amended by Act No. 9 of 1984.

142. (1) No property of any description shall be compulsory taken possession of, and no interest in or right over property of any description shall be compulsory acquired, except by or under the authority of a written law 

Amended by Act No. 1 of 1988.

(a) providing for compensation for the property or any interest in or right over property so possessed or acquired and specifing the principles on which the compensation is to be determine d and given; and

Amended by Act No. 23 of 1990.

(b) giving to any person claiming such compensation a right of access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amou nt of compensation, to the High Court

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph 

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property 

(i) in satisfaction of any tax, duty, rate, cess or other impost;

(ii) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offense under the law of Guyana;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;

(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;

(vi) in consequence of any law with respect to the limitations of actions;

(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of social conservation or the conservation of other natural resources or work relating to agricultural development or improvement;

(viii) which is not beneficially occupied or which, if it is beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his family; or

(ix) in consequence of any law requiring an employer to remunerate his employee during any period of compulsory national service which the employee has undertaken; or

(b) to the extent that the law in question makes provision for the taking of possession or acquisition of 

(i) property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situated in an Ameri ndian District, Area or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;

(ii) Enemy property;

(iii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the person s entitled to the beneficial interest therein;

(iv) property of a person adjudged insolvent of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolent person or body corpor ate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;

(v) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust of by a court or, by order of a court for t he purpose of giving effect to the trust; or

(vi) property to be used by the State for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time du ring 1976 and prior to the coming into operation of the law in question.

(3) Nothing in this article shall be construed as affecting the making or operation of any law 

(i) so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others of the protection of tenants, licenses or others having rights in or over such property;

(ii) so far as it provides for the making of contributions compulsory by workers to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependents of any of them; or

(iii) for the compulsory taking of possession in the public interest of any property of the compulsory acquisition in the public interest of any interest in or fight over property, where th at property, interest or right is held by a body corporate established directly by law for public purposes in which moneys provided by Parliament of by any Legislature previously established for the territory of Guyana have been invested.

143. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision 

(a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town or country planning, the development or utilisation of any ot her property in such manner as to promote the public benefit;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that authorises an officer of agent of the Government of Guyana, or of a local democratic organ or of a body corporate established directly by law for public purposes to enter on the p remises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully connected with any property that is lawful ly on those premises and that belongs to that Government, local democratic organ or body corporate, as the case may be, or for the purpose of obtaining of verifying information required for compiling national statistics or required for the purposes of pla nning, management and development of the national economy; or

(d) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the entry upon any premises by order of a court.

144. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) It shall be the duty of a court to ascertain the truth in every case provided that every person who is charged with a criminal offense 

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself before the court in person or by legal representative of his own choice;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,

and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordere d him to be removed and the trial to proceed in his absence or he fails without reasonable excuse (the proof whereof shall lie on him) to attend court.

(3) When a person is tried for any criminal offense, the accused person or any person authorised by him in that behalf shall, if he 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 for the use of the accused person 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 offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature that the most severe penalty that might have been imposed for that offense at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted of acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.

(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

(8) Any court of other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartia l; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.

(10) Nothing in the preceding paragraph shall prevent the court of other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal 

(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interes ts of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required so to do in the interests of defense, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of 

(a) paragraph (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;

(b) paragraph (2) (e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their ex penses out of public funds; or

(c) paragraph (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquit tal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall, in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.

(12) In the case of any person who is held in lawful detention, the provisions of paragraph (1), paragraph (2) (d) and a criminal offense under the law regulating the discipline of persons held in such detention.

(13) Nothing contained in paragraph (2) (d) shall be construed as entitling a person to legal representation at public expense but, subject thereto, it shall be the duty of the State to ensure that every person charged with a criminal offense is given a fair trial and accordingly to make provision for legal aid to be given in suitable cases.

(14) In this article, "criminal offense" means a criminal offense under the law of Guyana.

145. (1) Except with his own consent, no person shall be hindered in the enjoyment of his of conscience, and for the purposes of this article the said freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No religious community shall be prevented from providing religious instruction for persons of that community.

(3) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his 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 which is not his own.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisions 

(a) which is reasonably required 

(i) in the interests of defense, public safety, public order, public morality or public health; or

(ii) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of membe rs of any other religion; or

(b) with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.

(6) References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

146. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedo m to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision  TD>

(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the reputation, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventi ng the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television, or ensuring fairness and balance in the dissemination of information to the public; or

(c) that imposes restrictions upon public officers or officers of any corporate body established on behalf of the public or owned by or on behalf of the Government of Guyana.

147. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision  TD>

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or

(b) that is reasonably required for the purpose or protecting the rights or freedoms of other persons; or

(c) that imposes restrictions upon public officers; or

(d) that imposes an obligation on workers to become contributors to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependents of any of them.

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

(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 article.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision  TD>

(a) for the imposition of restrictions on the movement or residence within Guyana of any person or on any person's right to leave Guyana that are reasonably required in the interests of de fence, public safety or public order or for the purpose of preventing the subversion of democratic institutions in Guyana;

(b) for the imposition of restriction on the movement or residence within Guyana or on the right to leave Guyana of persons generally or any class of persons that are reasonably required i n the interests of defence, public safety, public order, public morality or public health or for the purpose of preventing the subversion of democratic institutions in Guyana;

(c) for the imposition of restrictions on the acquisition or use of land or other property in Guyana;

(d) for the imposition of restrictions, by order of a court, on the movement or residence, within Guyana of any person or on any person's rights to leave Guyana either in consequence of hi s having been found guilty of a criminal offence under the laws of Guyana of for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relati ng to his extradition or lawful removal from Guyana;

(e) for the imposition of restrictions on the freedom of movement of persons who are not citizens of Guyana;

(f) for the imposition of restrictions upon the movement or residence within Guyana or on the right to leave Guyana of public officers;

(g) for the removal of persons from Guyana 

(i) to be tried or punished in some other country for a criminal offence under the law of that country; or

(ii) to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Guyana of which he has been convicted; or

(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 Guyana relating to the treatmen t 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 Guyana relating to persons suffering from defect or disease of the mind; or TD>

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

(4) provisions of article 151 shall apply in relation to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in paragraph (3)(a) as they apply in relati on to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in article 150 (2).

149. (1) Subject to the provisions of this article 

(a) no law shall make any provision that is discriminatory either of itself or in its effect; and

(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public author ity.

(2) In this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

(3) Paragraph (1) (a) shall not apply to any law so far as that law makes provision 

(a) with respect to persons who are not citizens of Guyana;

(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or

(c) whereby persons of any such description as is mentioned in the preceding paragraph may be subjected to any disability or restriction or may be accorded any privilege or advantage which , having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable.

(4) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1) (a) to the extent that it makes provision with respect to standards or qualifications (no t being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local democratic organ or of a body corporate established by any law for public purposes.

(5) Paragraph (1) (b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in either of the two preceding paragraphs.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision 

(a) whereby persons of any such description as is mentioned in paragraph (2) may be subjected to any restriction on the rights and freedoms guaranteed by articles 143, 145, 146, 147 and 14 8, being such a restriction as is authorised by article 143 (2), article 145 (5), article 146 (2), article 147 (2), or article 148 (3), other than subparagraph (c) thereof, as the case may be;

(b) for the appropriation of revenue or other funds of Guyana; or

(c) for the protection, well-being or advancement of the Ameridians of Guyana.

(7) Paragraph (1) (b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under t his Constitution or any other law.

150. (1) This article applies to any period when 

(a) Guyana is at war; or

(b) there is in force a proclamation (in this article referred to as a "proclamation of emergency") made by the President declaring that a state of public emergency exists for the purposes of this article; or

(c) there is in force a resolution of the National Assembly, in favour of which there were cast the votes of not fewer that two-thirds of all the elected members, declaring that democratic institutions in Guyana are threatened by subversion.

(2) Nothing contained in or done under the authority of any laws shall be held to be inconsistent with or in contravention of article 139, 140 (2) or 143, any provision of article 144 other than paragraph (4) thereof, or any provision of articles 145 to 149 (inclusive) to the extent that the law in question makes in relation to any period to which this article applies provision, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.

(3) (a) Where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before the National Assembly, and if, by reason of its adjournment or the pror ogation of Parliament, the Assembly is not due to meet within five days the President shall, by proclamation, summon the Assembly to meet within five days, and the Assembly shall accordingly meet and sit upon the day appointed by the proclamation and shal l continue to sit and act as if it had stood adjourned or Parliament had stood prorogued to that day.

(b) A proclamation of emergency shall, unless it is sooner revoked by the President, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it w as made or such longer period as may be provided under the next following subparagraph, but without prejudice to the making of another proclamation of emergency at or before the end of the period.

(c) If at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this subparagraph) a resolution is passed by the As sembly approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period.

(4) A resolution such as is referred to in paragraph (1) (c) shall, unless it is sooner revoked by a resolution of the Assembly, ceased to be in force at the expiration of two years beginning on th e date on which it was passed or such shorter period as may be specified therein, but with out prejudice to the passing of another resolution by the Assembly in the manner prescribed by that paragraph at or before the end of that period.

151. (1) Where any person is lawfully detained by virtue of such a provision as is referred to in article 150 (2), or the movement or residence within Guyana of any person or any person's right to leave Guyana is (otherwise than by order of a court) lawfully restricted by virtue of such a provision as aforesaid, his case shall be reviewed by a tribunal established for the purposes of this article not later than three months from the commencement of the detention or restriction and thereafter not later that six months from the date on which his case was last reviewed as aforesaid.

(2) On any review by a tribunal in pursuance of the preceding paragraph of the case of any person the tribunal may make recommendations concerning the necessity or expedience of continuing the dete ntion or restriction to the authority by whom it was ordered but, unless it is otherwise provided by laws, that authority shall not be obliged to act in accordance with any such recommendation.

(3) A tribunal established for the purpose of this article shall be so established by law and constituted in such manner as to secure appointed by the Chancellor from among persons entitled to practise in Guyana as attorney-at-law.

152. (1) Except in proceedings commenced before the expiration of a period of six months from the commencement of this Constitution, with respect to a law made under the Guyana Independence Order 166 and the Constitution annexed thereto, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of articles 138 to 149 (inclusive) to the extent that the law in question 

(a) is a law (in this article referred to as "an existing law") that had effect as part of the law of Guyana immediately before the commencement of this Constitution, and has continued to have effect as part of the law of Guyana at all times since that day;

(b) repeals and re-enacts an existing law without alteration; or

(c) alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 138 to 149 in a manner in which, or to an extent to which, it was not p reviously so inconsistent.

(2) In subparagraph (c) of the preceding paragraph the reference to altering an existing law includes references to repealing it and re-enacting it with modifications of making different provisions in lieu thereof, and to modifying it; and in the preceding paragraph "written law" includes any instrument having the force of law and in this and the preceding paragraph references to the repeal and re-enactment of an existing law shall be construed acc ordingly.

(3) In relation to any person who is a member of a disciplined force raised under a law in force in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title, other than articles 138, 140, 141.

(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title.

153. (1) Subject to the provisions of paragraph (6), if any person alleges that any of the provisions of articles 138 to 151 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, or any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction 

(a) to hear and determine any application made by any person in pursuance of the preceding paragraph;

(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following paragraph, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of articles 138 to 151 (inclusive): Provided that the High Court shall not exercise its powers under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of articles 138 to 151 (inclusive), the person presiding in that court shall refer the question to the High Court unless, in his opinion the raising of the question is merely frivolous or vexatious.

(4) Where any question is referred to the High Court in pursuance of paragraph (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal.

(5) Parliament may confer upon the High Court such powers in addition to those conferred by this article as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this article.

(6) Parliament may make provision with respect to the practice and procedure 

(a) of the High Court in relation to the jurisdiction and powers conferred upon it by or under this article;

(b) of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction;

(c) of subordinate courts in relation to references to the High Court under paragraph (3),

including with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of the court.

154. In this Title, unless the context otherwise requires 

"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

"court" means any court of law having jurisdiction in Guyana other than a court established by a disciplinary law and, in articles 138 and 140, a court established by a disciplinary law;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplinary force" means 

(a) any group of persons functioning whether wholly or partially as a naval, military, para-military or air force;

(b) a police force;

(c) a prison service; or

(d) a fire service;

"legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal;

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; and