Last Change:

01/23/2025

Persons Deprived of Liberty Act

Year: 2014

Type: Domestic law

Rights Category: Liberty & security of person

Description

This Act provides for the humane treatment of individuals deprived of their liberty and outlines the rights and obligations of such persons.

Selected provisions
Section 5 - Right to humane treatment and human dignity of persons deprived of liberty

A person deprived of liberty shall at all times be treated in a humane manner and with respect for their inherent human dignity.

Section 7 - Due process of the law

Subject to Articles 50 and 51 of the Constitution, any person arrested and held in lawful custody in relation to any criminal proceedings is entitled to the due process of law, and in particular—
(a) the right to be promptly informed in a language the person understands of the reasons for their deprivation of liberty and of the charges, if any, preferred against them;
(b) a fair hearing and trial in accordance with the law relating to criminal procedure;
(c) the right to present their defence either personally or by a defence counsel of the person's choice;
(d) the right to be informed of their constitutional rights and guarantees relating to personal liberty and other fundamental rights and freedoms;
(e) the right to be informed of the basis for limitation of the rights referred to in paragraph (d) consistent with their arrest or detention;
(f) the right to access the services of an interpreter or other intermediary during detention and legal proceedings;
(g) the right to communicate with their family or other person of one's choice;
(h) the right not to be compelled to make a confession;
(i) the right not to be compelled to plead guilty to any charge preferred against them; and
(j) the right to communicate privately with their advocate.

Section 3 - Rights of persons deprived of liberty

(1) Every person deprived of liberty is entitled to the protection of all
fundamental rights and freedoms subject to such limitations as may be permitted
under the Constitution.
(2) Nothing in this Act may be construed as limiting the rights and freedoms
of persons deprived of liberty otherwise than in accordance with Articles 29(f) and
51 of the Constitution.
(3) An institution holding persons detained in custody or imprisoned shall
maintain a register which shall be used by the law enforcement official to record
the following—
(a) personal details of the person detained, including name, age and
address;
(b) physical condition of the person detained, held in custody or
imprisoned;
(c) reason for the detention, custody or imprisonment;
(d) steps taken to ensure that the person arrested or detained is
subjected to due process of the law; and
(e) the medical history of the person detained, held in custody or
imprisoned.

Section 27 - Complaints by persons deprived of liberty

(1) Any person deprived of liberty who considers that his or her right under this Act has been denied or violated may lodge a complaint either orally or in writing to the administrative officer in charge of the facility in which the person is detained.
(2) In addition to the provisions of subsection (1), complaints may be instituted by a person acting on behalf of a person deprived of liberty who cannot act in their own name