BASSETERRE, St. Kitts, October 11th 2013 - During the Public March and Procession, and Rally the is scheduled for this afternoon at by the Unit Movement, the general public is asked to pay attention to the following in order to ensure that the events are conducted peaceably and within the confines of the Laws of the Federation.
CHAPTER 19.10
PUBLIC MEETINGS AND PROCESSIONS ACT
Section 4 Public processions
(1) No person shall hold, organise or take part in any public procession unless the permission in writing of the Chief of Police has been first obtained.
(2) It shall not be lawful for any public procession to take place during the night.
(3) Any person who desires to hold a public procession during daylight shall not less than three days previous to the time at which he or she desires to hold the procession apply in writing to the Chief of Police for permission so to do.
(4) Such application shall contain particulars of the point of departure, route and termination of the public procession to which such application relates, the hours between which such procession will take place, and an estimate of the number of persons and vehicles, if any, who or which are expected to participate in such procession.
(5) If the Chief of Police having regard to the time and place at which any public procession is intended to take place, the route proposed to be taken or any other relevant circumstances, apprehends that the procession may occasion serious public disorder, he or she may:
(a) refuse to grant the application, or
(b) give directions, imposing upon the persons holding or taking part in the procession, such conditions as appear to him or her to be necessary for the preservation of public order, including conditions prescribing the route to be taken by the procession and the hours between which it shall take place, and prohibiting the use of any noisy instrument and the entry of the procession into any specified street or other public place.
(6) If the Chief of Police refuses to grant permission for the holding of a public procession, the person who has applied for such permission may appeal in writing against such refusal to the Governor-General, and in such case the Governor-General may give such directions to the Chief of Police regarding such application as he or she may think fit.
(7) Any member of the Police Force not below the rank of Corporal may require any person leading a public procession during the night or a public procession being held without a permit or otherwise than in accordance with the conditions of a permit, or any person appearing to him or her to be the leader or one of the leaders of such public procession, to call upon such public procession to disperse.
(8) Any person required under the provisions of subsection (7) of this section to call upon any public procession to disperse who refuses, fails or neglects forthwith to call upon such public procession to disperse commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding six months.
(9) Any person who takes part in a public procession
(a) during the night;
(b) in respect of which a permit has not been granted; or
(c) otherwise than in accordance with the conditions of a permit;
commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding seven hundred and fifty dollars.
(10) Any person who organises or attempts to organise or incites any person to organise or take part in any public procession contrary to the provisions of this section commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding six months.
(11) In this section:
“daylight” means the interval between five o’clock in the morning and six o’clock in the evening of the same day;
“night” means the interval between six o’clock in the evening and five o’clock in the morning of the next succeeding day.
Section 6 Offences and penalties generally
(1) Any person who, at a lawful public meeting, acts in a disorderly manner for the purpose of preventing the transaction of the business of the meeting or whereby the transaction of the business of the meeting is likely to be prevented or obstructed, commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding one thousand five hundred dollars.
(2) Any person who incites any other person to commit an offence against subsection (1) of this section commits a like offence and shall be liable to a like penalty as a principal offender would be.
(3) If any member of the Police Force reasonably suspects any person of committing an offence against subsection (1) or subsection (2) of this section he or she may, or if requested so to do by the Chairperson of the public meeting, shall require such person forthwith to leave the meeting or its immediate vicinity.
(4) If any person having been required to leave any public meeting or its immediate vicinity pursuant to the provisions of subsection (3) of this section unlawfully refuses or fails forthwith to leave such meeting or its immediate vicinity as the case may be, he or she commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding seven hundred and fifty dollars.
(5) Any person who at any public meeting or in the immediate vicinity thereof uses any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned commits an offence against this Act and shall be liable, on summary conviction, to a fine not exceeding one thousand five hundred dollars.
CHAPTER 19.11
PUBLIC ORDER ACT
Section 7 Interpretation
“daylight” means the interval between five o’clock in the morning and the succeeding six o’clock in the evening;
“night” means the interval between six o’clock in the evening and five o’clock in the morning of the next succeeding day;
“permit” means a permit granted under section 10 of this Act.
Section 8 Marches in the night prohibited
It shall be unlawful for any public march to take place during the night.
Section 9 Marches in daylight
It shall be unlawful for any public march to take place in daylight unless a permit has been issued in respect thereof.
Section 10 Public March
A public march is any March or procession in a public place comprising (whether wholly or partly) pedestrians, vehicles and bicycles (however propelled or drawn) except a March or procession
(a) by any of Her Majesty’s Forces;
(b) by the Police Force of Saint Christopher and Nevis;
(c) which is a component part of a bona fide religious meeting or assembly of persons, procession or march or of any religious ceremony including a wedding or funeral, not being in any way connected with any political demonstration or celebration; or
(d) by any other body approved by the Cabinet of Ministers.
Section 11 Applications for permits
(1) When any person desires to organise any public march in daylight he or she shall, at least three days before such intended public march, make application to the Chief of Police or to the police officer in charge of a police division of the State as provided in the Police Act, Cap. 19.07.
(2) Every application made in accordance with sub-section (1) of this section shall contain particulars of the point of departure, route and termination of the public march to which such application relates, the hours between which such march will take place, and an estimate of the number of persons who are expected to participate in such march.
Section 12 Permits
(1) If an officer to whom application is made in accordance with the provisions of section 11 of this Act, having regard to the time and place at which any public march or procession is intended to take place and the route proposed to be taken apprehends that the march or procession may occasion serious public disorder he or she may
(a) refuse to grant the application, or
(b) give directions imposing upon the persons organising or taking part in the procession such conditions as appear to him or her to be necessary for the preservation of public order, including conditions prescribing the route to be taken by the march or procession and the hours between which it shall take place and prohibiting the use of loud speakers, musical and noisy instruments, the display of flags, banners or emblems and the entry of the march or procession into any public place.
Section13 Leader of March may be called upon to disperse March
Any member of the Police Force not below the rank of Corporal may require any person leading a public march or procession in the night or without having been granted a permit or otherwise than in accordance with the conditions of a permit or any person who appears to him or her to be the leader or one of the leaders of such public march or procession to call upon such public march or procession to disperse.
Section 14 Failure to obey, an offence
Any person required under the provisions of section 13 of this Act to call upon any public march or procession to disperse who refuses, fails or neglects forthwith to call upon such public march or procession to disperse commits an offence.
Section 15 Taking part in prohibited March
Any person who takes part in a public march or procession
(a) prohibited by section 8 of this Act;
(b) in respect of which a permit has not been obtained; or
(c) otherwise than in accordance with the conditions of a permit;
commits an offence.
Section 16 Organising unlawful Marches
Any person who organises or attempts to organise or incites any person to organise or take part in any public march in contravention of this Part of the Act commits an offence.
Section 17 Power to prohibit meetings and marches
(1) Notwithstanding anything contained in Part III of this Act or in any other law, rule, or regulation, whenever the Governor-General is satisfied or whenever representations are made by the Chief of Police that in any area, or in any parish, district, town or village in the State there is a reasonable apprehension that the maintenance of law and order may be endangered by the holding of public meetings or by public marches and it appears to the Governor-General to be in the interest of public order, public safety, or public health so to do, he or she may by Proclamation, prohibit in any area or in any parish, district, town or village in the State:
(a) all public meetings or public marches;
(b) all persons from organising, holding or speaking at or attending any public meeting or taking part in any public march except in cases where a permit is issued in accordance with the provisions of section 18 of this Act.
(2) A Proclamation made under this section shall be published in the Gazette and local newspapers and shall remain in force for a period of not more than thirty days (without prejudice to the power to issue a further Proclamation at or before the end of such period).
(3) A Proclamation made under this section may at any time be varied, altered, amended or revoked by the Governor-General.
(4) If at any time it is impossible or impracticable to publish any such proclamation in the Gazette and local newspapers in the State the Governor-General shall cause the same to be published by notices thereof affixed to public buildings or distributed among the public or by oral public announcements through the public broadcasting station or otherwise.
Section 18 Applications for permits
Where any person desires to organise or hold in any place to which a Proclamation under section 17 of this Act applies a public meeting or a public march he or she shall, at least twenty-four hours before such intended event, make application to the Chief of Police or to the police officer in charge of a police division of the State for a permit.
Section 19 Permits
(1) An officer to whom application is made in accordance with the provisions of section 18 of this Act may in the exercise of his or her discretion refuse or grant the application.
(2) In cases where such application is granted the officer shall issue to the applicant a permit for the desired event to take place, but every such permit shall be issued subject to such terms and conditions (to be observed by all persons organising, speaking or attending at the event) as the officer may think necessary in order to effect the objects of the Proclamation.
Section 21 Power to disperse meetings and marches
(1) When a public meeting is being held or a public march is in progress contrary to any of the provisions of this Part of the Act or of any Proclamation made or permit issued thereunder any member of the Police Force not below the rank of Corporal may order such meeting or march to disperse, and the more effectively to enforce such an order may require any person addressing or known by him or her to have addressed or organised such meeting or march or anyone appearing to him or her to be the leader or one of the leaders of such meeting or march to call upon such meeting or march to disperse.
(2) Any person required under sub-section (1) of this section to call upon a public meeting or public march to disperse who refuses, fails or neglects forthwith to call upon such meeting or march to disperse commits an offence.
Section 22 Taking part in prohibited meeting or march
Any person who
(a) contravenes or fails to comply with any of the terms or requirements of a Proclamation under this Part of this Act;
(b) contravenes or fails to comply with any of the terms and conditions subject to or upon which a permit under section 18 of this Act has been issued;
(c) holds, organises, speaks at, or takes part in any public meeting or public march contrary to any provisions of this Part of this Act or of any Proclamation made or permit issued thereunder; or
(d) attempts to commit any of the aforesaid offences or who incites, aids or abets any other person to commit such an offence;
commits an offence.
Section 23 Penalties
A person found guilty of an offence under this Part of the Act shall be liable on summary conviction to a fine not exceeding two thousand five hundred dollars or to imprisonment for any term not exceeding six months, or to both such fine and imprisonment.
Section 24 Disorderly behaviour at public meeting
(1) Any person who at a lawful public meeting acts in a disorderly manner for the purpose of preventing or in a disorderly manner likely to prevent or obstruct the transaction of the business of the meeting commits an offence.
(2) Any person who incites any other person to commit an offence against this section commits a like offence.
(3) If any constable reasonably suspects any person of committing an offence against subsection (1) or subsection (2) of this section he or she may, or if requested to do so by the Chairperson, shall require that person to leave the meeting forthwith.
(4) If any person having been required to leave any meeting by any constable pursuant to the provisions of subsection (3) of this section refuses or fails forthwith to leave such meeting he or she commits an offence.
Section 25 Prohibition of conduct conducive to a breach of the peace
Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned commits an offence.
Section 26 Permit required by certain persons for public meetings and public marches
(1) Notwithstanding anything contained in any other enactment, but subject to the exemptions specified in the Schedule to this Act, no person not belonging to Saint Christopher and Nevis shall organise, hold, call together, speak at, or take part in any public meeting or public march unless a permit so to do has been issued to him or her by the Minister.
(2) A person not belonging to Saint Christopher and Nevis who desires to organise, hold, call together, speak at, or take part in any public meeting or public march shall, at least three days before the day on which he or she intends to hold, call together, speak at, or take part in such public meeting or public march, apply to the Minister for a permit so to do.
(3) Every application made by a person not belonging to Saint Christopher and Nevis under the provisions of subsection (2) of this section shall be in writing and shall specify:
(a) the name or names of the person or persons desirous of organising, holding, calling together, speaking at, or taking part in the public meeting or public march;
(b) the purpose or purposes of the public meeting or public march;
(c) the place at which the public meeting is to be held or the point of departure, route and termination of the public march;
(d) the time at which the public meeting or public march is to begin; and
(e) the name of the applicant and the name of the country, state or territory of which he or she is a citizen or to which he or she belongs.
(4) Notwithstanding the provisions of subsection (2) of this section, the Minister may consider an application by a person not belonging to Saint Christopher and Nevis for permission to organise, hold, call together, speak at, or take part in any public meeting or public march where there has not been compliance with the provisions as to the time for making such application as provided in subsection (2) of this section if the Minister is satisfied that such non-compliance was due to circumstances beyond the control of the applicant.
Section 31 Prohibition of offensive weapon at public meeting
(1) Any person who, while present at any public meeting or on the occasion of any public march or procession has with him or her (either openly or concealed) any offensive weapon otherwise than in pursuance of lawful authority commits an offence against this subsection, and
(a) if the offence is committed at a political meeting, shall be liable, on conviction, to imprisonment with or without hard labour for a term not exceeding twelve months or to a fine not exceeding five thousand dollars and in default of payment to imprisonment with or without hard labour for a term not exceeding twelve months; or
(b) in any other case, shall be liable on conviction to imprisonment with or without hard labour for a term not exceeding six months or to a fine not exceeding two thousand five hundred dollars and in default of payment to imprisonment with or without hard labour for any term not exceeding six months.
(2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless,
(a) if the offensive weapon involved be a firearm, he or she is a Minister of the Cabinet and is carrying such firearm for his or her own protection or is a person acting in his or her capacity as a member of the Police or the Defence Force or as a constable; or
(b) if the offensive weapon involved be other than a firearm, he or she is acting in his or her capacity as a servant of the Crown or of any local authority or as a constable or as a member of a fire brigade.
(3) For the avoidance of doubt it is expressly declared that the lawful possession of any licence or permit to carry a firearm in any public place shall not afford a defence to any proceedings under this section.
Section 32 Power of Search
(1) Subject to the provisions of subsections (2) and (3) of this section, where any constable has reasonable cause to suspect that any person has concealed about his or her person any offensive weapon contrary to the provisions of section 30 of this Act he or she may search such person, and if necessary take such person to a police station for the purpose.
(2) No article of a person’s clothing shall be removed for the purposes of any search authorised by this section unless such person is first taken to a police station.
(3) No female shall be searched by any person other than a female.
(4) Any person who resists or obstructs any search authorised by this section or who absconds before such search is concluded commits an offence.
Section 33 Power of arrest
A constable may arrest without warrant any person reasonably suspected by him or her to be committing or to have committed any offence against this Act.
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