Entries in the constitution regarding detention…


This is an entry for those detained.

Please make sure you are paying attention to the laws and constitution. Know your rights so that you can stand up to the powers of Tyranny and Oppression.

We will be posting more of this type of information as the days go by.

The secret of freedom lies in educating people, whereas the secret of tyranny is in keeping them ignorant.

Maximilien Robespierre

5.-(2) Any person who is arrested or detained shall be entitled

(a) to be informed promptly, and in any case no later than twenty-four hours after such arrest or detention, in a language he understands, of the reasons for his arrest or detention;

(b) to communicate without delay and in private with a legal practitioner of his choice and, in the case of a minor, with his parents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice;

(c) to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and

(d) to the remedy by way of habeas corpus for determining the validity of his detention.

Habeas corpus (Latin meaning "you may have the body" ) is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting: Provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection.

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