10
Constitution of the Independent
State of Samoa
Court following his or her conviction of an offence for which this
penalty is provided by Act.
(2) Deprivation of life shall not be regarded as having been
inflicted in contravention of the provisions of this Article when
it results from the use of force to such extent and in such
circumstances as are prescribed by law and as are reasonably
justifiable:
(a) in defence of any person from violence; or
(b) in order to effect an arrest or to prevent the escape of
a person detained, if the person who is being
arrested or who is escaping is believed on
reasonable grounds to be in the possession of a
firearm; or
(c) for the purpose of suppressing a riot, insurrection or
mutiny.
6. Right to personal liberty - (1) No person shall be
deprived of his or her personal liberty except in accordance with
law.
(2) Where complaint is made to the Supreme Court that a
person is being unlawfully detained, the Court shall inquire into
the complaint and, unless satisfied that the detention is lawful,
shall order the person to be produced before the Court and shall
release the person.
(3) Every person who is arrested shall be informed promptly
of the grounds of his or her arrest and of any charge against the
person and shall be allowed to consult a legal practitioner of his
or her own choice without delay.
(4) Every person who is arrested or otherwise detained shall
be produced before a Judge of the Supreme Court, some other
judicial officer, the Registrar of the Supreme Court or of any
subordinate Court or any Assistant Registrar of the Supreme
Court or of any subordinate Court from time to time approved in
writing for this purpose by the Registrar of the Supreme Court
(hereinafter collectively referred to as "remanding officers")
within a period of 24 hours (excluding the time of any necessary
journey), and no such person shall be detained beyond that period
without the authority of one of the remanding officers.