Right to liberty and security of person
(1) Every person has the right to liberty and security of person.
(2) A person must not be subjected to arbitrary arrest or detention.
(3) A person must not be deprived of the person’s liberty except on grounds, and in accordance
with procedures, established by law.
(4) A person who is arrested or detained must be informed at the time of arrest or detention of
the reason for the arrest or detention and must be promptly informed about any proceedings to
be brought against the person.
(5) A person who is arrested or detained on a criminal charge—
(a) must be promptly brought before a court; and
(b) has the right to be brought to trial without unreasonable delay; and
(c) must be released if paragraph (a) or (b) is not complied with.
(6) Anyone who is awaiting trial must not be detained in custody as a general rule, but their
release may be subject to guarantees to appear for trial, at any other stage of the judicial
proceeding, and, if appropriate, for execution of judgment.
(7) Anyone who is deprived of liberty by arrest or detention is entitled to apply to a court so that
the court can decide the lawfulness of the detention and the court must make a decision without
delay; and order the person’s release if the detention is unlawful.
(8) Anyone who has been unlawfully arrested or detained has the right to compensation for the
arrest or detention.
(9) A person must not be imprisoned only because of the inability to carry out a contractual
obligation.
Humane treatment when deprived of liberty
(1) All persons deprived of liberty must be treated with humanity and with respect for the
inherent dignity of the human person.
(2) An accused person who is detained or a person detained without charge must be segregated
from convicted persons except in exceptional circumstances.
(3) An accused person who is detained or a person detained without charge must be treated in
a way that is appropriate for a person who has not been convicted.
Children in the criminal process
(1) A child charged with or convicted of a criminal offence must be segregated from adults
charged with or convicted of a criminal offence.
(2) A child charged with a criminal offence must be treated in a way that is appropriate for
a person of the child’s age who has not been convicted.
(3) A child charged with a criminal must be brought to trial as quickly as possible.
(4) A child charged with a criminal offence has the right to a procedure that takes account of
the child’s age and the desirability of promoting the child’s rehabilitation.
(5) A child who has been convicted of an offence must be treated in a way that is appropriate
for a person of the child’s age.
(6) Children should only be imprisoned as a last resort and for the shortest necessary period
of time.
Fair hearing
(1) A person charged with a criminal offence or a party to a civil proceeding has the right to
a fair and public hearing by a competent, independent and impartial court or tribunal.
(2) However, a court or tribunal may exclude members of media organisations, other persons or
the general public from all or part of a hearing in the public interest or the interests of justice.
(3) Each judgment in a criminal or civil proceeding must be made public unless the interest of
a child requires that the judgment not be made public.
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