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the draft constitution of the commonwealth of grenada

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(h)<br />

(iii)<br />

(iv)<br />

(v)<br />

to be detained in an institution in<br />

some o<strong>the</strong>r country for <strong>the</strong> purpose <strong>of</strong><br />

giving effect to <strong>the</strong> order <strong>of</strong> a court<br />

made in pursuance <strong>of</strong> a law <strong>of</strong><br />

Grenada relating to <strong>the</strong> treatment <strong>of</strong><br />

<strong>of</strong>fenders under a specified age;<br />

to be detained for care or treatment<br />

in a hospital or o<strong>the</strong>r institution in<br />

pursuance <strong>of</strong> a law <strong>of</strong> Grenada<br />

relating to persons suffering from<br />

mental disorder; or<br />

whose entry into, or presence in<br />

Grenada is prohibited by or under a<br />

law relating to immigration; or<br />

<strong>the</strong> imposition <strong>of</strong> restrictions on <strong>the</strong> right <strong>of</strong><br />

any person to leave Grenada that are<br />

reasonably required in order to secure <strong>the</strong><br />

fulfilment <strong>of</strong> any obligations imposed on<br />

him or her by law.<br />

(4) Where a person’s freedom <strong>of</strong> movement is restricted<br />

by virtue <strong>of</strong> such a provision as is referred to in subsection (3)(a),<br />

<strong>the</strong> following rules apply:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

he or she shall, as soon as reasonably<br />

practicable and in any case not more than<br />

five days after <strong>the</strong> commencement <strong>of</strong> <strong>the</strong><br />

restrictions, be furnished with a statement in<br />

writing, in a language that he or she<br />

understands, <strong>of</strong> <strong>the</strong> grounds on which <strong>the</strong><br />

restrictions have been imposed;<br />

not more than fourteen days after <strong>the</strong><br />

commencement <strong>of</strong> <strong>the</strong> restrictions, a notice<br />

shall be published in <strong>the</strong> Gazette stating that<br />

this freedom <strong>of</strong> movement has been<br />

restricted and giving particulars <strong>of</strong> <strong>the</strong><br />

provision <strong>of</strong> <strong>the</strong> law under which <strong>the</strong><br />

restrictions are authorised;<br />

he or she may from time to time request that<br />

his or her case be reviewed under paragraph<br />

(d) but, where such a request has been made,<br />

no subsequent request shall be made before<br />

<strong>the</strong> expiration <strong>of</strong> three months from <strong>the</strong><br />

making <strong>of</strong> <strong>the</strong> previous request;<br />

where a request is made under paragraph (c),<br />

<strong>the</strong> case shall, within one month <strong>of</strong> <strong>the</strong><br />

making <strong>of</strong> <strong>the</strong> request, be reviewed by an<br />

independent and impartial tribunal<br />

established by law and presided over by a<br />

person appointed by <strong>the</strong> Chief Justice from<br />

among persons entitled to practise in<br />

Grenada as attorneys-at-law;<br />

25

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