Public Order (CAP. 357 1
CHAPTER 357
THE PUBLIC ORDER ACT
Arrangement of Sections
Section
Preliminary
1. Short title.
2. Interpretation.
Meetings-General Provisions
3. Permit required for public meetings.
4. Applications for permits for meetings.
5. Grant of permits for meetings.
6. Permits required for non-citizens to address meetings.
7. Power to require dispersal of meetings.
8. Offence to take part in unauthorised meetings.
9. Non-application of this Part.
Marches and Processions
10. Permit required for public marches.
11. Applications for permits for marches.
12. Grant of permits for marches.
13. Leader of march may be required to call on march to
disperse.
14. Offence to take part in unauthorised march.
15. Offence to lead or organise unauthorised marches.
16. Suspension of sections 10 to 13.
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2 CAP. 357) Public Order
Section
PART IV
Meetings and Marches-Special Provisions
17. Power to prohibit meetings and marches.
18. Power to require dispersal of meetings and marches.
19. Offence to take part in prohibited meeting or march.
20. Prohibited Acts.
2 1. Exemptions.
Public O f f e s
22. Interpretation.
23. Power to require dispersal of public marches and
meetings near scheduled premises.
24. Power of member of Force to call on meeting or march
to disperse.
25. Participants in meeting or march to disperse when called
on to do so.
26. Inciting.
27. Power to amend Second Schedule.
Miscellaneous
28. Permit required for use of loudspeaker.
29. Offence to use loudspeaker without a permit or after
11.00 p.m.
30. Offence to attempt to break up public meeting.
31. Prohibition of offensive conduct at meetings conducive
to breaches of peace.
32. Prohibition of offensive weapons at public meetings and
marches etc.
33. Penalty for incitement to hatred.
34. False statements about public officials.
35. False statements - prohibitions.
36. Penalty for incitement to violence etc.
37. Power of search.
38. Power of arrest.
39. Penalties for certain offences under this Act.
40. Appeals against refusal of applications for permits.
FIRST SCHEDULE
SECOND SCHEDULE
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Public Order ( C A P . 357 3
PUBLIC ORDER
(29th November, 1972 .)
1. This Act may be cited as the Public Order Act. Short title.
2. (1) For the purposes of this Act- Interpretation.
' 6 constituency" means a constituency prescribed by the s.1. 411984.
Constituencies Boundaries Commission Order,
1984, or any Order amending, altering or
substituted for that Order;
' 6 meeting" means any assembly or gathering of per-
sons held for the purpose of the transaction of mat-
ters of public interest or for the discussion of such
matters or for the purpose of the expression of views
on such matters;
"Minister" means the Minister charged with respon-
sibility for maintenance of law and order;
' 6 non-citizen" means a person who is not a citizen of
Antigua and Barbuda;
"notice of election" means the notice of election pro-
vided for by the Representation of the People Act; Cap. 379.
"offensive weapon" includes-
(a) any firearm as defined in section 2 of the
Firearms Act or any enactment replacing the same; Cap. 171.
( b ) any article made or adapted for use for caus-
ing injury to the person or intended by the person having
it with him for such use by him; and
(c) any article or device made or adapted for use
for causing damage to any property or intended by the
person having it with him for such use by him;
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4 CAP. 357) Public Order
"political meeting" means a meeting held in a consti-
tuency between the day of publication of the notice
of election relating to a constituency and the day
preceding polling day in that constituency for the
purpose of furthering or criticising the aims, objects,
action or programme of any political party or for
the purpose of supporting or opposing the candi-
dature of any individual as against any other or
others at such election;
"polling day" means the day fixed for the holding of
a poll of electors at an election for a constituency;
"public march" means any march or procession in a
public place comprising (whether wholly or partly)
pedestrians, persons on animals or in vehicles
(however propelled or drawn) or on bicycles
(however propelled), except a march or
procession-
(a) by members of the Royal Police Force of
Antigua and Barbuda or the Fire Brigade on official
duty; or
(b) by members of the Antigua and Barbuda
Defence Force on official duty; or
(c) which takes place as a part of any religious
ceremony, including a wedding or funeral, not being
in any way connected with any political demonstration
or celebration; or
(6) which is officially organised by the Head
Teacher of any school and is confined to the pupils and
teachers of the school; or
(e ) organised for the purpose of celebrating the car-
nival or christmas seasons not being in any way con-
nected with any political demonstration or celebration; or
(f) by members of any body approved by the
Minister, being an organisation or body which is not
in any way connected with any political organisation;
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Public Order (CAP. 357 5
"public meeting" includes any meeting held in a public
place and any meeting which the public or any
section thereof are permitted to attend, whether on
payment or otherwise;
"public place" means any highway, street, public park
or garden, any wharf, pier, beach and any public
bridge, road, lane, footway, square, court, alley
or passage, whether a thoroughfare or not; it
includes any open space and any building or
premises to which for the time being, the public
have or are permitted to have access whether on
payment or otherwise;
-.
"trade union" means a trade union registered under Cap. 27.
Division H of the Antigua and Barbuda Labour
Code.
(2) For the purposes of this Act a meeting held for any
of the purposes specified in the definition of the expression
"political meeting", shall, until the contrary is proved, be
deemed to be a political meeting if any speaker at such
meeting refers to or discusses the aims, objects, action or
programme of any political party or the candidature of any
individual at any election referred to in that definition.
Meetings-General Provisions
3. Notwithstanding anything contained in any other Permit required
for public
law, but subject to section 9, no person may organise, hold, ,,,tings.
call together or address a meeting in any public place unless
a permit has been issued in respect thereof by the Commis-
sioner of Police.
4. (1) Any person who desires to organise, hold or Applifations for
permlts for call together a meeting in a public place shall, at least two meetings.
days before the day on which it is proposed to hold such
meeting apply to the Commissioner of Police for a permit.
(2) Every application under subsection (1) shall
specify-
(a) the name or names of the person or persons
desiring to organise, hold or call together the meeting;
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6 CAP. 357) Public Order
(6) the place at which the meeting is to be held
and the approximate time at which it is to begin; and
(c) the name of every speaker who is to address
the meeting, and whether such person is a citizen of
Antigua and Barbuda or a non-citizen.
Grant of permit
for meetings.
5 . (1) The Commissioner of Police, on an applica-
tion made to him under subsection (1) of section 4, having . , .,
regard to the preservation of public order and the interest
of public safety shall grant or refuse the application.
(2) Where an application is granted under this section
the Commissioner of Police shall issue to the applicant a per-
mit for the desired meeting specifying therein the times bet-
ween which the meeting may be held and such other terms
as the Commissioner of Police may consider necessary for
the preservation of public order or in the interest of public
safety.
Permits required
for non-citizens
6. (1) Notwithstanding that a permit may have been
to address issued by the Commissioner of Police under section 5 , no
meetings. non-citizen shall address a meeting in a public place unless
a permit has been issued to him to address such meeting
by the Minister.
(2) Any non-citizen who desires to address a meeting
in a public place shall at least two days before the day on
which it is proposed to make such address apply to the
Minister for a permit and every application shall state the
subject or subjects on which such non-citizen proposes to
speak.
(3) The Minister on an application made to him under
this section may, in any case, grant or refuse the application.
(4) Where an application is granted under this section
the Minister shall issue to the applicant a permit for the holder
thereof to speak at such meeting specifying therein the sub-
ject or subjects on which the holder thereof shall speak and
such other terms as the Minister may consider necessary for
the preservation of public order.
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Public Order (CAP. 357 7
7. (1) Any member of the Police Force not below the Z;;~:~$;quire
rank of corporal may, in relation to any meeting being held
in contravention of any of the provisions of this Part or of
any permit issued thereunder, require any person address-
ing or known to him to have addressed such meeting or
appearing to him to be the organiser or promoter or one
of the organisers or promoters of such meeting, to call on
the meeting to disperse.
( 2 ) Any person required under subsection ( 1 ) to call on
any meeting to disperse, who refuses, fails or neglects
immediately to call on such meeting to disperse, is guilty
of an offence under this section. -~
8. Any person who- Offence to take
part in
( a ) contravenes any of the terms subject to or on ~e~~~~~
which a permit under this Part has been issued; or
( 6 ) organises, holds, calls together or addresses any
meeting in contravention of any of the provisions of this
Part or of any permit issued thereunder; or
( c ) attempts to commit any of the aforesaid offences
or incites, aids or abets any other person to commit any
such offence;
is guilty of an offence under this section.
9. ( 1 ) Nothing in this Part applies to the organising, ~ ; ~ ; p ~ ~ : ; ~ i o n
holding, calling together or addressing of-
( a ) a political meeting in any public place in any
constituency at any time between the day of publica-
tion of the notice of election relating to that constitu-
ency and the day preceding polling day; or
( b ) any meeting in connection with any of the pur-
poses for the time being set out in the First Schedule First
or in connection with such other purposes as may from
time to time be included in such Schedule as provided
for by section 21.
( 2 ) During any period when an order is in force under Suspension of
sections 3 to 7.
Part IV the operation of sections 3, 4, 5, 6 and 7 shall be
suspended throughout Antigua and Barbuda or in any area
thereof to which such order relates.
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8 CAP. 357) Public Order
Marches and Processions
Permit required
for public
10. Notwithstanding anything contained in any other
marches. law no person may organise, lead or take part in any public
march unless a permit has been issued in respect thereof by
the Commissioner of Police.
Applications for
permits for
1 . ( 1 ) Any person who desires to organise any public
marches. march shall, at least 3 days before the day on which such
public march is to take place, apply to the Commissioner
of Police for a permit.
(2) Every application under subsection (1) shall con-
tain particulars of-
(a ) the name or names of the person or persons
desiring to organise the public march to which the
application relates;
( b ) the purpose or purposes of the march;
(c ) the point of departure, route and point of ter-
mination of the march;
(d) the hours between which the march will take
place; and
(e) an estimate of the number of persons who are
expected to take part in the march.
Grant of permits 12 (1) The Commissioner of Police on an applica-
for marches.
tion made to him under section 11 , having regard to the
preservation of public order and the interest of public safety,
shall grant or refuse the application.
(2) Where an application is granted, the Commissioner
of Police shall issue to the applicant a permit for the desired
march specifying therein the route to be followed and the
times between which it may take place and such other terms
as the Commissioner of Police may consider necessary for
the preservation of public order or in the interest of public
safety.
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Public Order (CAP. 357 9
13. ( 1 ) Any member of the Police Force not below F;$e;i3;r:
the rank of corporal may require any person- to call on march
to disperse.
( a ) leading any public march in contravention of
the provisions of this Part or otherwise than in accord-
ance with the terms of a permit issued thereunder; or
( b ) appearing to him to be the leader or one of the
leaders of any such public march,
to call on such public march to disperse.
( 2 ) Any person required under subsection ( 1 ) to call on
any public march to disperse who refuses, fails or neglects
immediately to call on such public march to disperse, is guilty -.
of an offence under this section.
14. Any person who takes part in any public march- Offence to take
part in
( a ) in respect of which a permit under this Part
has not been obtained; or
( b ) otherwise than in accordance with the terms
of a permit under this Part;
is guilty of an offence under this section.
15. Any person who-
( a ) leads; or
Offence to lead
or organise
unauthorised
marches.
( b ) organises or attempts to organise; or
(c) incites any person to organise or take part in,
any public march in contravention of any of the provisions
of this Part is guilty of an offence under this section.
16. During any period when an order is in force under :{;; ;of 13.
Part IV the operation of sections 1 0 , 11 , 12 and 13 shall be
suspended throughout Antigua and Barbuda or in any area
thereof to which such order relates.
Meetings and Marches-Special Provisions
17. ( 1 ) Notwithstanding anything contained in meetings
Parts 11 and 111 or in any other law, where at anytime the and marches.
Governor-General is satisfied that, by reason of particular
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10 CAP. 357) Public Order
circumstances existing in Antigua and Barbuda or in any
area thereof, serious public disorder would be occasioned
by the holding of public meetings or marches in Antigua
and Barbuda or any area thereof and that it would be in
the interest of public safety and necessary for the preserva-
tion of public order so to do, he may by order, subject to
such exemptions as are from time to time specified in the
First Schedule. First Schedule, prohibit throughout Antigua and Barbuda
or in any area thereof-
(a) all public meetings and all public marches;
(b) all persons from organising, holding, or speak-
ing at, or attending, any public meeting or public march.
( 2 ) Every order made under this section-
( a ) shall remain in force for a period of not more
than sixty days without prejudice to the power to make
a further order at or before the end of such period;
( b ) shall be published in the Gazette;
( c ) may at any time be varied, altered, amended
or revoked by the Governor-General; and
(6) shall be subject to negative resolution of the
House of Representatives.
Power to require
dispersal of
18. ( 1 ) Any member of the Police Force not below
meetings and the rank of corporal may, in relation to any public meeting
marches. being held or any public march in progress contrary to any
of the provisions of this Part or of any order made thereunder,
require any person-
( a ) addressing or known to him to have addressed
such meeting; or
( b ) leading such march; or
( c ) appearing to him to be the promoter or
organiser or one of the promoters or organisers or the
leader or one of the leaders of such meeting or march,
to call on such meeting or march to disperse.
( 2 ) Any person required under subsection (1) to call on
any public meeting or public march to disperse, who refuses,
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Public Order (CAP. 357 11
fails or neglects immediately to call on such meeting or march
to disperse, is guilty of an offence under this section.
19. Any person who- Offence to take
part in
(a) contravenes any of the terms or requirements ge",h!::fr
of an order under this Part; or march.
(b) holds, organises, addresses, attends, or takes
part in any public meeting or public march contrary
to any of the provisions of this Part or of any order made
thereunder; or
(c) attempts to commit any of the offences men-
tioned in the foregoing paragraphs of this seckn , or
incites, aids, or abets any other person to commit any
such offence,
is guilty of an offence under this section.
20. Where an order has been made under this Part Prohibited Acts.
and so long as the order is in force any person who within
the area to which the order applies-
(a) carries any lighted torch (except bonafide elec-
tric torches); or
(b) without lawful excuse, beats any drum or blows
or uses any noisy instrument; or
(c) without lawful excuse, the proof whereof shall
lie on him; carries any offensive weapon,
is guilty of an offence under this section.
21. (1) Nothing in this Part applies to any meetings Exemptions.
or marches held or organised in connection with any of the
purposes for the time being set out in the First Schedule, First Schedule.
or in connection with such other purposes as may from time
to time be included in such Schedule as provided for by this
section.
(2) The Minister may from time to time by order
amend, vary or alter the First Schedule in any respect and First Schedule.
may add thereto or remove therefrom any purpose or name.
(3) Every order made under this section shall be sub-
ject to negative resolution of the House of Representatives.
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12 CAP. 357) Public Order
Interpretation.
PART V
Public Offices
22. ( 1 ) For the purposes of this Part-
"official premises" means any premises which-
( a ) are vested in the Crown or in any statutory
body or board; or
(6 ) are used or occupied by the Government or any
statutory body or board; or
(c) are vested in any person in trust for or on behalf
of the Government or a statutory body or board; or
(6) whether or not vested as mentioned in
paragraphs ( a ) and (c ) of this definition, are occupied
by any public officer or any employee of a statutory
body or board for the purposes of performing his func-
tions as such;
"scheduled premises" means any official premises
Second Schedule. specified in the Second Schedule;
"specified distance" means the radius of one hundred
yards from any point within the curtilage of any
scheduled premises.
( 2 ) Nothing in this Part shall operate or be construed
as operating to penalise or prevent-
(a) any lawful picketing carried on outside any
official premises; or
(b) any other lawful act done,
by or on behalf of a trade union in contemplation or in
furtherance of a trade dispute.
Power to require
dispersal of
23. (1) Any member of the Police Force not below
marches the rank of corporal may, in relation to either-
and meetings
near scheduled ( a ) any public meeting held within the specified
premises. distance of any scheduled premises; or
( 6 ) any public march in progress which comes
within the specified distance of any scheduled premises;
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Public Order (CAP. 357 13
during a sitting of either House of the Parliament of
Antigua and Barbuda or during a sitting of any court
or during normal working hours, as the case may be,
require any person-
(c) addressing or known to them to have addressed
such meeting; or
(6) leading such march, or
(e) appearing to him to be the promoter or
organiser or one of the promoters or organisers or the
leader or one of the leaders of such meeting or march,
to call on such meeting or march to disperse.
-
( 2 ) Any person required under subsection ( I ) to call on
any public meeting or public march to disperse, who refuses,
fails or neglects immediately to call on such meeting or march
to disperse, is guilty of an offence under this section.
24. Where any person who is required under sec- Power of member
of Force to call
tion 23 to call on any public meeting or public march to ,,,ting or
disperse refuses, fails or neglects to do so, any member of ;;;:sz
the Police Force may call on such meeting or march to
disperse.
25. (1) Every person who is present at any meeting ~~~;$,":"~;rc ,
or march which is called on to disperse under section 23 or to disperse when
24 shall immediately, on the meeting or march being called called to do
SO.
on to disperse, go to some place beyond the specified distance
from the scheduled premises by some route no point of which
is nearer to the scheduled premises than is the place at which
the meeting or march was called on to disperse.
( 2 ) Any person who contravenes the provisions of
subsection (1) is guilty of an offence under this section.
26. Any person who incites any other person to con- Inciting.
travene the provisions of section 25 (1) is guilty of an offence
under this section.
27. (1) The Minister may from time to time by order Power to amend Second Schedule.
amend, vary or alter the Second Schedule in any respect
and may add thereto or remove therefrom any official
premises.
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14 CAP. 357) Public Order
( 2 ) Every order made under this section shall be sub-
ject to negative resolution of the House of Representatives.
Miscellaneous
Permit required 28. ( 1 ) Except during any period referred to in
for use of
loudspeaker. paragraph ( a ) of section 9 ( I ) , no person may-
( a ) for the purpose of advertising or giving notice
of any intended meeting or march, operate or cause to
be operated in any public place; or
( b ) for the purpose of commercial advertising,
operate or cause to be operated in any public place, or
in any place within public hearing; or
(c) at any meeting operate or cause to be operated,
any loudspeaker unless a permit has been issued by the
Commissioner of Police for the operation of such loudspeaker.
( 2 ) Any person who desires to operate or to cause to
be operated a loudspeaker in any of the circumstances
mentioned in subsection (1) shall apply to the Commissioner
of Police for a permit-
( a ) in the case of a meeting or march for which
a permit is required under this Act, at the same time
as the application is made for a permit for that meeting
or march; and
( 6 ) in the case of a meeting or march, for which
a permit is not required under this Act, at least 24 hours
before the first day on which it is proposed to operate
such loudspeaker; and
(c) in any case not specified in paragraphs ( a ) and
(b ) of this subsection, at least 4 8 hours before the day
on which it is proposed to operate such loudspeaker.
(3) Every application under this section shall contain
particulars of the name or names of the person or persons
by whom and on whose behalf the loudspeaker is to be
operated and the purpose for which the loudspeaker is to
be operated.
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Public Order (CAP. 357 15
(4) O n an application made to him under this section,
the Commissioner of Police may, in any case, grant or refuse
the application.
(5) Where an application is granted under this section
the Commissioner of Police shall issue to the applicant a
permit for the operation of a loudspeaker for such purpose
as may be specified therein subject to such terms (including
terms as to the times and places at which it may be operated)
as the Commissioner of Police considers necessary for the
preservation of public order.
(6) For the purposes of this Part-
-.
(a) the expression "loudspeaker" means any
apparatus which is designed, adapted or intended for
the purposes of reproducing sounds over a wide area.
It includes an amplifier, microphone or other similar
instrument, apparatus or device, whether mobile or not;
and
(b) the expression "commercial advertising"
includes the advertising (whether for reward or not) of
goods, wares and other merchandise, shows, plays and
other entertainments and events, and services of any
kind whatsoever.
29. (1) Except during any period referred to in E$;;z:;ey
paragraph (a) of section 9 (1) or in connection with any of without a permit
the purposes for the time being set out in the First Schedule,
no person may without lawful authority or reasonable excuse,
the proof whereof shall lie on him, operate or cause to be
operated any loudspeaker at any public meeting or in any
public place after eleven o'clock in the evening.
(2) Any person who operates or causes to be operated
any loudspeaker at a public meeting or in a public place
in contravention of subsection (1) or of any of the provi-
sions of section 28 or of any terms on which a permit is issued
under that section is guilty of an offence under this section.
(3) Subject to the provisions of this Act, any person,
who at any meeting whatsoever operates or causes to be
operated any loudspeaker, without a permit issued by the
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Offence to
attempt to break
up public
meeting.
Prohibition of
offensive conduct
at meetings
conducive to
breaches of
peace.
Prohibition of
offensive
weapons at
public meetings
and marches etc.
CAP. 357) Public Order
Commissioner of Police, or in contravention of any terms
on which such permit is issued, is guilty of an offence.
30. (1) Any person who at a lawful public meeting
acts or incites any other person to act in a disorderly manner,
likely to prevent or obstruct, or for the purpose of prevent-
ing or obstructing the transaction of the business of the
meeting is guilty of an offence under this section.
(2) If any member of the Police Force suspects any per-
son of committing an offence against subsection (1) he may,
or if required so to do by the chairman of the meeting, shall
require that person to leave the meeting immediately.
(3) Any person who, having been required to leave any
meeting by a member of the Police Force pursuant to subsec-
tion (2), refuses or fails immediately to leave such meeting
is guilty of an offence under this section.
3 1. Any person who at any meeting in a public place
or at any public meeting-
(a) uses threatening, abusive or insulting words or
behaviour; or
(6) distributes or displays any writing, sign, or visi-
ble representation which is threatening, abusive or
insulting,
with intent to provoke a breach of the peace or whereby a
breach of the peace is likely to be occasioned, is guilty of
an offence under this section.
32. (1) Any person who without lawful authority or
reasonable excuse, the proof whereof shall lie on him, at any
public meeting or in any public place or in any public place
along the route of any public march or while taking part
in any public march-
(a) carries any lighted torch (except bona fide elec-
tric torches),
(6) beats any drum or blows or uses any noisy
instrument,
( c ) has with him any offensive weapon,
is guilty of an offence under this section.
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Public Order (CAP. 357 17
(2) Any person who at any time when a public meeting
is in progress has with him any firearm in any public place
within earshot of any speaker addressing such meeting shall
1 be deemed to have had such firearm while present at such
$ meeting until he proves that his presence in such public place
g
at such time was neither directly or indirectly consequent
on the fact that such meeting was in progress at that time.
(3) For the avoidance of doubt it is expressly declared
that-
( a ) the lawful possession of any licence to carry a
firearm in any public place shall not in itself afford a
defence to any proceedings under this section; and
-.
( b ) a person shall be deemed to be within earshot
of any speaker at any time when he is at any point at
which the voice of the speaker is in fact audible, not-
withstanding that it would not have been so audible but
for the use of a loudspeaker.
(4) For the purpose of this section a person shall not
be deemed to be acting in pursuance of lawful authority
unless-
(a) if the offensive weapon involved is a firearm,
he is acting in his capacity as a member of the Police
Force, the Antigua and Barbuda Defence Force or the
Armed Forces of Her Majesty; or
(b ) if the offensive weapon involved is not a firearm,
he is acting in his capacity as a member of the Police
Force, or of the Fire Brigade or otherwise as a public
officer or servant of the Crown.
(5) Where a person is convicted of an offence under
this section the Court-
(a) may make an order as to the forfeiture or
disposal of any offensive weapon in respect of which
the offence was committed; and
( b ) where the offence was committed in respect of
a firearm, may also make an order as to the forfeiture
of any ammunition found in possession of such person
and revoke any licence held by him under the Firearms
Act or any enactment replacing the same. Cap. 171.
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18 CAP. 357) Public Order
Penalty for
incitement to 33. ( 1 ) A person is guilty of an offence under this
hatred. section if-
(a) he publishes or distributes written matter which
is threatening, abusive or insulting; or
(6) he uses in any public place or at any public
meeting words which are threatening abusive or
insulting,
being matter or words, intended or likely to stir up or capable
of stirring up hatred against any member, or any section,
of the public in Antigua and Barbuda distinguished by race,
place of origin, political opinions, colour or creed.
( 2 ) A person guilty of an offence under this section is
liable on summary conviction thereof to a fine not exceeding
eight thousand dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and
imprisonment.
False statements
about public
34. (1) Notwithstanding the provisions of any other
officials. law any person who in any public place or at any public
meeting makes any false statement, concerning any public
official which is calculated or is likely to bring any such per-
son into ridicule, odium or contempt, or to undermine public
confidence in the conduct of public affairs by such official,
shall be guilty of an offence and shall be liable-
(a) on summary conviction to a fine not exceeding
eight thousand dollars or to a term of imprisonment not
exceeding twelve months,
(6) on conviction on indictment to a fine not
exceeding fifteen thousand dollars or to a term of
imprisonment not exceeding two years.
(2) For the purposes of subsection ( 1 ) the expression
"public official" shall include the Governor-General, Judges
of the Supreme Court, members of Parliament, members
of the Industrial Court, members of any Commission
established by the Constitution or under any other law and
public officers as defined in section 127 ( 1 ) of the
Constitution.
LAWS OF ANTIGUA AND BARBUDA
Public Order (CAP. 357 19
35. Notwithstanding the provisions of any other law ~ : ~ ~ i ~ ~ ~ ~ ~ ~ n t S -
any person who-
(a) in any public place or at any public meeting
makes any false statement; or
(b) prints or distributes any false statement,
which is likely to cause fear or alarm in or to the public,
or to disturb the public peace, or to undermine public con-
fidence in the conduct of public affairs, shall be guilty of
an offence and shall be liable on summary conviction to a
fine not exceeding fifteen hundred dollars or to a term of
imprisonment not exceeding six months.
Penalty for 36. (1) A person is guilty of an offence under this ~ncitement . to
section, if, without lawful authority, the proof whereof shall violence etc.
lie on him, in any public place or at any public meeting he-
(a) makes any statement; or
(b) plays or causes to be played any phonograph
record or other sound recording; or
(6) publishes or distributes any written matter; or
(4 behaves, or incites any other person to behave,
in a manner which is intended or is likely to incite or induce
or is capable of inciting or inducing any person-
(i) to kill or do physical injury to any person o r
to any class or community of persons; or
(ii) to destroy or do any damage to any property;
or
(iii) to deprive any person by force or fear of the
possession or use of any property either per-
manently or temporarily.
(2) A person guilty of an offence under this section is
liable on summary conviction thereof to a fine not exceeding
fifteen thousand dollars or to imprisonment for a term not
exceeding two years, or to both such fine and imprisonment.
(3) For the purposes of this section, where a phonograph
record or other sound recording is played at a public meeting,
then-
LAWS OF ANTIGUA AND BARBUDA
20 CAP. 357) Public Order
(a) in the case of a public meeting in respect of
which a permit has been issued by the Commissioner
of Police, the person to whom such permit was issued;
and
(b) in the case of any other public meeting the
organiser or promoter of that meeting,
shall be deemed to have played or to have caused that
phonograph record or other sound recording to be played
at such meeting unless the contrary is proved by him.
Power of search. 37. ( 1 ) Subject to subsections ( 2 ) and ( 3 ) , where any
member of the Police Force has reasonable cause to suspect
that any person has concealed about his person any offen-
sive weapon contrary to section 32 , he may search such per-
son and, if he considers it necessary, take such person to
a police station for the purpose.
( 2 ) No article of a person's clothing may 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 may 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 completed is guilty of an offence under this section.
Power of arrest. 38. A member of the Police Force may arrest without
a warrant any person who commits an offence against this
Act in his presence or any person reasonably suspected by
him to be committing or to have committed any offence
against this Act.
Penalties for 39. A person guilty of an offence under this Act for
certain offences
under this ~ ~ t . which no other penalty is provided is liable on summary con-
viction thereof to-
(a) a fine not exceeding three hundred dollars or
imprisonment for a term not exceeding three months
or to both such fine and imprisonment, in the case of
an offence under section 14, 25 ( 2 ) or 29; or
LAWS OF ANTIGUA AND BARBUDA
Public Order (CAP. 357 2 1
( 6 ) a fine not exceeding fifteen hundred dollars or
imprisonment for a term not exceeding six months or
to both such fine and imprisonment in the case -of an
offence under section 7 ( 2 ) , 13 ( 2 ) , 18 ( 2 ) , 20 , 23 ( 2 ) ,
26 , 30 ( I ) , 30 ( 3 ) or 31 ; or
(c) a fine not exceeding three thousand dollars or
imprisonment for a term not exceeding twelve months
or both such fine and imprisonment in the case of an
offence under section 8 , 15, 19, 32 ( 1 ) or 37 (4 ) .
40. ( 1 ) Any person who is dissatisfied with the refusal gainst gains st
of the Commissioner of Police to grant a permit under this applications
Act or with the terms of such permit may, within seven days for permits.
of being notified of the decision of the Commissioner of
Police, appeal in writing to the Minister.
( 2 ) O n an appeal to him under this section the Minister
may confirm or reverse the decision of the Commissioner
of Police or vary the terms of any permit granted by the
Commissioner of Police or impose such other terms as he
considers appropriate or necessary for the preservation of
public order.
(3) The decision of the Minister on any appeal under
this section shall be final.
FIRST SCHEDULE
[Sections 9 (1) (b),
17 (I) , 21 &
29 (1)1
1. Religious services or meetings held under the authority
of the head of any religious denomination or of the Salvation Army.
2. Educational classes and recreation in schools or other
educational institutions.
3. Bona fide cinematograph, musical and theatrical enter-
tainments, dancing, beauty competitions or other similar shows.
LAWS OF ANTIGUA AND BARBUDA
22 CAP. 357) Public Order
4. Bonaf ide horse racing, cricket, football, hockey, polo,
water polo, basket ball, netball, tennis, boxing, athletics, swim-
ming and other bona j d e sports.
5 . Meetings organised by a trade union in furtherance of
a specific trade dispute or for the celebration by trade unions of
Labour Day.
SECOND SCHEDULE
(Sections 22 & 27.)
SCHEDULED PREMISES
(1) Government House.
(2) Parliament Building.
(3) The Supreme Court.
(4) Administration Building, High Street.
(5) Offices of all Ministers of Government.
(6) The Treasury, High Street.
(7) Magistrates' Courts.
(8) The Holberton Hospital.
(9) Coolidge Airport.
(10) The Deep Water Harbour.
