Article 8
There is no compulsory labour.
16.
Montserrat's industrial legislation has been amended from time to time with recommendations made by ILO. Restriction is placed on the employment of young persons and children even in family
concerns.
Article 9
The
17.
The laws of Montserrat do not permit arbitrary arrest or detention. rule of law is strictly observed. Section 60 of the Magistrates Code of Procedure Act provides that an accused person shall be entitled to bail if the punishment for the offence with which he is charged does not exceed two years. The prohibition against the grant of bail in cases of treason and murder is subject to the qualification that a judge may, in any case, grant bail. Criminal cases are disposed of without any delay, and it is rare for an accused person to be in a remand prison for a long period even if bail is refused. Persons arrested are required to be taken before a magistrate within 24 hours (sect. 37, chap. 46). They are informed of the charges at the time of arrest.
Article 10
18. Accused persons, whether juveniles or not, are brought to trial without delay. Montserrat has engaged the services of an additional magistrate and there is negligible delay in disposing of criminal cases. In an effort to avoid the imprisonment of young persons, Montserrat hopes to enact a "Community Service Order" ordinance. A bill is now under consideration. When enacted, the magistrate in fit and proper cases would order the performance of community service instead of a prison term.
19.
At the request of the British Government, H.M. Chief Inspector of Prisons, Judge Stephen Tumim, carried out an inspection of the prison in Montserrat in March 1989. He recommended that a site for a new prison should be selected without delay, and a new prison built. His report also covered training, management, staffing, physical security, welfare and rehabilitation of prisoners and other matters relevant to the safe custody and proper administration of all prisoners, whether remanded in custody or convicted. The various recommendations, including the building of a new prison, will be implemented as funds become available.
Article 11
Imprisonment for mere failure on anyone's part to fulfil a contractual obligation is not permitted.
20.
Article 12
21. The only restriction placed on freedom of movement is the requirement that a person leaving Montserrat should have an exit permit from the Comptroller of Inland Revenue. This is to prevent tax evasion.