Justice Ordinance does not itself make specific provision for the payment of compensation in the case of unlawful arrest or detention, but the rights of persons so wrongfully detained are freely available in the civil jurisdiction of the courts. The Crown or an agent of the Crown would normally be civilly liable in damages for the wrongful loss of liberty of any person. In certain circumstances, exemplary as well as purely compensatory damages may be awarded. The deprivation of the liberty of any subject, even for a short time, without lawful authority or by means of lawful authority wrongfully obtained, for example by deception of the warrant-issuing authority, is an actionable wrong punishable in damages without proof of actual material loss.
16.
Under the law of Pitcairn, every person arrested by reason of the alleged commission of a criminal offence must be informed at the time of arrest or immediately thereafter of the nature of the charge or charges against him. is entitled to make effective contact with his family or an adviser without delay, i.e. as soon as such contact can be arranged.
Article 11
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17.
Imprisonment for debt (inability to fulfil a contractual obligation) has long been limited in Pitcairn as it is in the United Kingdom. The enforcement of a judgement of the court for the payment of a sum of money is directed in the first place to execution upon the real and personal property of the judgement debtor. Alternative enforcement is then by payment by instalments. In the case of wilful default where the court is satisfied that he or she is able to pay the sum due, the judgement debtor may be sentenced to a term of imprisonment not exceeding 42 days, the sanction of imprisonment exists as punishment for defiance or contempt of the order of the court rather than for failure to pay the sum due; in any case where the court is not satisfied that the debtor has the means to pay, imprisonment will not be ordered.
Article 12
18. No restrictions are placed on the right of persons lawfully within Pitcairn to liberty of movement and freedom to choose a place of residence. The right to enter Pitcairn lawfully is regulated by the provisions of the Landing and Residence Ordinance (cap. 5). Any person may enter and reside upon the grant of a licence by the Governor under section 4. A permit to land as a visitor may be issued to any person by the Island Magistrate under section 5 of the Ordinance. The necessity to obtain a licence or permit does not apply to public officers and other persons defined in section 8 of the Ordinance as having the status of a British dependent under the British Natinality Act 1981 and enjoying an appropriate connection with the Island. No legal restrictions whatever are placed on any person wishing to leave the Islands.
Article 13
19. The Landing and Residence Ordinance does not make separate provision for aliens as distinct from persons having British dependent status under the British Nationality Act. There is provision in section 6 of the Ordinance for the expulsion of any person who is unlawfully in the Islands either by reason of having landed in contravention of the provisions of the Ordinance or having failed to comply with any condition of the licence or permit by which entry
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