Commentary from Trotman and Friday, "Human Rights in Grenada," p. 32:
Then in September 1980, came the Terrorism (Prevention) Law, People's Law No. 46 of 1980. It starved the already atrophied Courts of power to grant bail to any persons charged under this law; it shifted the onus of proof onto an accused charged for possession of an explosive substance; it imposed an unenviable burden on the Court by depriving the accused of the common law right to trial by jury; and it brushed aside the vital common law rule that where several persons are on trial the confession made by one co-accused implicating himself and other co-accused, cannot be used as evidence against the other co-accused.
Journalist Alister Hughes writing in the Caribbean Monthly Bulletin of November/December 1980, pointed out:
An important feature of this legislation is that it is retroactive.
Section 25, stipulates that, if a person has committed an act which is an offence under any law, which act is also an offence under the Terrorism (Prevention) Law, "whether the act was committed before or after coming into force of this law".
PEOPLE'S LAW NO. 46 OF 1980
Proclamation
BY THE
PEOPLE'S REVOLUTIONARY GOVERNMENT
A Law to create offences relating to terrorism, to provide for the mode of trial and for connected purposes.
[Gazetted 3rd October 1980].
In the exercise of the powers vested in the People's Revolutionary Government by People's Law No. 2 (Establishment of People's Revolutionary Government) and in exercise of the powers vested in the Prime Minister by People's Law No. 10 (Declaration and Effect of Laws) it is hereby ORDERED and PROCLAIMED as follows:
1.-This Law may be cited as the
TERRORISM (PREVENTION) LAW, 1980
2.-In this Law--
"explosive substance", means any explosive as defined in section 2 of the Explosives Ordinance (Cap. 113) and includes any material, article, substance, firearm, apparatus, machine, or implement used or intended to be used or which is capable of being used or adapted for causing or aiding in causing an explosion and also any part of such firearm, machine, apparatus or implement;
"Minister" means the Minister responsible for National Security;
"terrorism" means the use or threat of violence for political ends and includes, any act involving the use or threat of violence with intent to subvert the People's Revolutionary Government or any of the following acts if done for political ends: incitement to murder the Governor-General, a member of the People's Revolutionary Government, a member of the People's Revolutionary Army, a member of the People's Militia, or a member of the Grenada Police Service, the malicious destruction of or damage to public property, the use or threat of violence for the purpose of putting the public or any section thereof in fear, and the directing, organising or training of persons for the purpose of terrorism.
3.-A person who unlawfully and intentionally causes by any explosive substance an explosion which causes the death of any person shall be guilty of an offence and on conviction on indictment shall be liable to suffer death.
4.-A person who unlawfully causes by any explosive substance an explosion of a nature likely to endanger life or to cause damage to property shall, whether any injury to person or damage to property has been actually caused or not, be guilty of an offence and on conviction on indictment be liable to imprisonment for life.
5.-A person who--
(a) unlawfully does an act with intent to cause by an explosive substance an explosion of a nature likely to endanger life or cause harm or cause damage to property; or
(b) makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life or cause damage to property,
shall, whether an explosion does or does not take place and, whether any injury to person or damage to property, is actually caused or not be guilty of an offence and on conviction on indictment shall be liable to imprisonment for a term not exceeding twenty-five years, and the explosive substance shall be forfeited.
6.-Any person who makes or has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall unless he can show that he made it or had it in his possession or under his control for a lawful object, shall be liable to imprisonment for a term not exceeding fifteen years and the explosive substance shall be forfeited.
7.-(1) Where a person is charged with being in possession of an explosive substance and it is proved that at the time of the alleged offence--
(a) he and that explosive substance were both present in any premises; or
(b) the explosive substance was in the premises of which he was the occupier or which he habitually used otherwise than as a member of the public,
the court may accept the fact proved as sufficient evidence of his being in possession of that explosive substance at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, he had no control over it.
7.-(2) This section applies to vessels, aircraft and vehicles as it applies to premises.
8.-Any person who, whether for consideration or not, by the supply of or solicitation for money, the provision of premises, the supply of materials, or in any way whatsoever, counsels, procures, aids, abets, or is accessory to the commission of any offence under this Law, shall be guilty of an offence and shall be liable to be tried and punished, as if her were a principal.
9.-(1) A person who commits an act of terrorism which causes the death of any person shall be guilty of an offence and on conviction on indictment shall be liable to suffer death.
9.-(2) A person who commits an act of terrorism which is likely to endanger life or cause damage to property shall, whether any injury to person or damage to property has been actually caused or not, be guilty of an offence and on conviction on indictment be liable to imprisonment for life.
9.-(3) A person who commits an act of terrorism which is not an offence under subsection (1) or (2) above shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment not exceeding fifteen years.
9.-(4) A person who attempt to commit an act of terrorism shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment not exceeding ten years.
10.-Every person who conspires to commit an act which is an offence under sections 3, 4, 5, 8 and 9 of this Law shall be guilty of an offence and on conviction on indictment liable to a term of imprisonment not exceeding twenty-five years.
11.-Any person who without lawful authority (the proof whereof lies upon him) instructs or trains or received instruction or training in the making or use of explosives substances shall be liable on conviction on indictment to imprisonment for a term not exceeding fifteen years.
12.- No person shall, without lawful authority (the proof of which lies on him) collect, record, publish, communicate or attempt to elicit or record any information with respect to the People's Revolutionary Army, the People's Militia or the Grenada Police Service which is of such a nature as is likely to be useful to the commission of any act of terrorism, or have in his possession any record or document containing any such information; and if any person contravenes this action, he shall be liable-
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $2000 or both;
(b) on conviction on indictment to imprisonment for a term not exceeding five years or a fine not exceeding $5000 or both.
12.-(2) The Court by or before whom a person is convicted of an offence under this section shall order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.
13.-(1) If a person who has information which he knows or believes might be of material assistance-
(a) in preventing an act of terrorism, or
(b) in securing the apprehension, prosecution or conviction of any person for an offence involving the commission, preparation or instigation of an act of terrorism
fails without reasonable excuse to disclose that information as soon as is reasonably practicable to a member of the People's Revolutionary Army or the Grenada Police Service, he shall be guilty of an offence.
13.-(2) A person guilty of an offence under subsection (1) above shall be liable-
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding $2000 or both, or
(b) on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding $5000 or both.
13.-(3) Proceedings for an offence under this section may be taken, and the offence may for the purpose of those proceedings be treated as having been committed in any place where the offender is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1) above.
14.-(1) Notwithstanding any law to the contrary a person charged with an indictable offence under this Law-
(a) shall not be admitted to bail;
(b) may be detained in any place that the Minister may, from time to time, direct and that place shall be deemed to be a prison under the Prisons Act 1980.
15.-(1) Any member of the People's Revolutionary Army or the Grenada Police Service may arrest without warrant any person whom he suspects of committing, having committed or being about to commit an offence under this Law.
15.-(2) For the purpose of arresting a person under this section a member of the People's Revolutionary Army or the Grenada Police Service may enter and search any premises or other place where that person is or is suspected of being.
13.-(3) A member of the People's Revolutionary Army or the Grenada Police Service may seize anything which he suspects is being, or has been or is intended to be used in the commission of an offence under this Law.
16.-The provisions of the Schedule to the Law shall apply to preliminary inquiries into offences under this Law.
17.-(1) Notwithstanding section 129 of the Criminal Procedure Code every person committed for trial for an offence under this Law shall be tried on an indictment in the High Court in its criminal jurisdiction and the trial shall be heard by and before a judge sitting alone and there shall be no right of trial by jury.
17.-(2) The Court trying an offence on indictment under this Law shall have all the powers, authority and jurisdiction which the court would have had if it had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury and any reference in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this Law.17.-(3) Without prejudice to subsection (2) above, where the Court trying an offence on indictment under this Law, is not satisfied that the accused is guilty of that offence, but is satisfied that he is guilty of some other offence which is not an offence under this Law but of which a jury could have found him guilty on a trial under this Law if it had been conducted with a jury, the Court may convict him of that offence.
17.-(4) Where the Court trying an offence under this Law convicts the accused of any offence, it shall at the time of conviction or as soon as practicable thereafter, give a judgment stating the reasons for the conviction.
18.-Notwithstanding any law to the contrary any number of counts under this Law may be joined in the same indictment.
19.-(1) Subject to subsection (2) below a trial on indictment for an offence under this Law shall be held in public.
19.-(2) Where the Court is satisfied that it is desirable so to do in the interest of public safety or public order the Court may-
(a) direct that a hearing or part of a hearing shall take place in private;
(b) give directions prohibiting or restricting the publication of evidence given before the Court in private; and
(c) give directions as to the persons who may be present:
Provided that the accused person, his legal advisers and the prosecuting Counsel may not be excluded from the Court.
20.-(1) Subject to subsection (2) below when more persons than one are being tried jointly for the same offence under this Law and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration the confession as against the other person, as well as against the person who makes the confession.
20.-(2) No person shall be convicted on the confession of another person unless that evidence is confirmed in some material particular by other evidence.
20.-(3) In subsection (1) above "offence" includes the abetment [sic] of attempt or conspiring to commit the offence.
21.-(1) A confession made to a member of the Security Service of the People's Revolutionary Army in the presence of and witnessed by another person may be admissible in evidence at the trial of an accused person for an offence under this Law.
21.-(2) For the avoidance of doubt it is hereby declared that confessions taken in accordance with section 25 of the Evidence Ordinance are admissible in evidence in prosecutions under this Law.
22.-For the avoidance of doubt it is hereby declared that in any proceedings on indictment under this Law a written statement admitted in evidence at the preliminary inquiry under the Criminal Procedure (Preliminary Inquiries) Act 1978 shall be admissible in evidence if it is proved to the satisfaction of the Judge that-
(a) the maker of the statement is dead or so ill as not to be able to travel although there may be a prospect of his recovery; or
(b) that the maker of the statement is outside Grenada and it is not reasonably practical to secure his attendance; or
(c) all reasonable steps have been taken to find him, but he cannot be found.
23.-(1) Where a person is convicted of any offence under this Law, other than under sections 9(3), 12 and 13, the Court shall, in addition to any other penalty if may impose under this Law, order that all property owned by that person at the time the offence was committed be forfeited to the State.
23.-(2) Where property is forfeited to the State under subsection (1) above the Minister may, if he considers that there are special reasons for so doing by order in the Gazette return and without further assurance vest all or any part of the property so forfeited in either or both of the following classes of persons-
(a) in any of the children lawful or natural;
(b) in any of the persons listed as beneficially entitled under section 4 of the Intestates Estates Ordinance to shares on an intestacy,
of the person who suffered in the forfeiture.
24.-(1) A person convicted of any offence on indictment under this Law may appeal to the Court of Appeal in accordance with section 19 of the Court of Law 1979.
24.-(2) A person convicted on indictment of an offence under this Law shall not be admitted to bail pending any appeal.
25.-A person who has committed an act which is an offence under the Criminal Code, or any Ordinance or People's Law shall, if that act is also an offence under this Law, be liable to be prosecuted under this Law, whether the act was committed before or after the coming into force of this Law and proceedings under this Law shall operate as a stay of all further proceedings under any other law.
26.-A prosecution shall not be instituted in respect of an offence under this Law except by or with the consent of the Attorney General.
27.-(1) This Law shall remain in force until the expiry of the period of twelve months beginning with its coming into force and shall then expire unless continued in force by an order under subsection (2) below.
27.-(2) The Minister may order in the Gazette provide that all or any of the provisions of this Law shall continue in force for a period not exceeding twelve months from the coming into operation of the order.
27.-(3) On the expiration of any provision of this Law section 21(4) of the Interpretation Ordinance (effect of appeals) shall apply as if that provision of this Law was repealed by another Law.
SCHEDULE
1. A magistrate holding a preliminary inquiry into an offence under this Law may admit in evidence-
(a) subject to paragraph 5 of this Schedule statements tendered under section 3 of the Criminal Procedure (Preliminary Inquiries) Act 1978 thereinafter in this Schedule referred to as "the Act" except a statement tendered by the accused; or
(b) oral evidence in accordance with sections 106(2), or 107 of the Cap. 77. Criminal Procedure Code.
2. (1) After the magistrate has considered all the evidence tendered by the prosecution he shall address the accused in these words or words to like effect: "Do you wish to say anything in answer to the charge? You are not bound to say anything but whatsoever you say may be taken down in writing and given in evidence at your trial."
2. (2) Section 106(2) of the Criminal Procedure Code shall apply to whatever the accused says in answer thereto.
2. (3) The magistrate shall then ask the accused if he wishes to call any witnesses. If the accused calls no witnesses the magistrate shall state that fact on the depositions.
2. (4) If the accused calls witnesses, any witness so called may tender a written statement in accordance with section 3(1) of the Act, or give oral evidence in which case section 107 of the Criminal Procedure Code shall apply.
3. Where the witnesses for the prosecution and the witnesses for the defence have given evidence (whether by way of written statements under section 3 of the Act or oral evidence under section 106(2) or 107 of Criminal Procedure Code, section 108 of the Criminal Procedure Code shall apply mutatis mutandis.
4. If upon the whole of the evidence the magistrate thinks that a sufficient case is made out to put the accused on trial, he shall commit him for trial to the next sitting of the High Court in its criminal jurisdiction.
5.Sections 2(1), 3(2)(d) and 3(4) of the Act shall not apply.
6. At the holding of a preliminary inquiry for an offence under this Law sections 104 and 105 of the Criminal Procedure Code shall, in so far as it is applicable, apply.
Dated this 29th day of September, 1980
MAURICE BISHOP
Prime Minister
