TCI Constitution

Provisions for periods of public emergency 20. (1) Nothing contained in or done under the authority of any regulation made under the Emergency Powers Orders in Council 1939 to 1973 or any other law in force in the Islands to like effect shall be held to be inconsistent with or in contravention of section 5, section 6 other than subsections (4), (5) and (6) or any provision of sections 7 to 19 (inclusive) to the extent that the regulation in question makes in relation to a period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation. (2) When a person is detained by virtue of any regulation mentioned in subsection (1) the following provisions shall apply— (a) notification shall, not more than four days after the commencement of his or her detention, be published in a public place (and thereafter as soon as possible in the Gazette) stating that he or she has been detained and giving particulars of the provision of law by virtue of which his or her detention is authorised; (b) he or she shall (if not sooner released), as soon as reasonably practicable and in any case not more than two days after the commencement of his or her detention, be informed, in a language that he or she understands, of the grounds on which he or she is detained and furnished with a written statement; (c) his or her case shall, not more than 30 days after the commencement of his or her detention and thereafter during the detention at intervals of not more than three months, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice; © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 29 Revision Date: 31 Dec 2014 (d) he or she shall be afforded reasonable opportunity to consult a legal representative of his or her own choice and to hold private communication with such legal representative; and (e) he or she shall, at the hearing of his or her case by the tribunal appointed for its review, be permitted to appear in person or by a legal representative of his or her own choice. (3) For the purposes of subsection (2)(d) and (e), if the detained person is unable to retain a legal representative of his or her own choice, the tribunal may approve such person as it deems fit to make representations to it, but nothing in subsection (2)(d) or (e) shall be construed as entitling a detained person to legal representation at public expense. (4) On any review by a tribunal of the case of a detained person under this section, the tribunal may make recommendations concerning the necessity or expediency of continuing his or her 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; but if the authority does not act in accordance with such recommendations it shall provide the tribunal with written reasons.