35
(e) to challenge the lawfulness of their detention in person before a court and, if the
detention is unlawful, to be released.
(6) Any person who is detained pending trial for an alleged offence and is not tried within a
reasonable time must be released from detention, either unconditionally or on reasonable
conditions to ensure that after being released they—
(a) attend trial;
(b) do not interfere with the evidence to be given at the trial; and
(c) do not commit any other offence before the trial begins.
(7) If there are reasonable grounds to believe that a person is being detained illegally or if it
is not possible to ascertain the whereabouts of a detained person, any person may approach the
High Court for an order—
(a) of habeas corpus, that is to say an order requiring the detained person to be released,
or to be brought before a court for the lawfulness of the detention to be justified, or
requiring the whereabouts of the detained person to be disclosed;
(b) declaring the detention to be illegal and ordering the person’s release;
and the High Court may make whatever order is appropriate in the circumstances.
(8) An arrest or detention which contravenes this section, or in which the conditions set out
in this section are not met, is illegal.
(9) Any person who has been illegally arrested or detained is entitled to compensation from
the person responsible for the arrest or detention, but a law may protect the following persons
from liability under this section—
(a) a judicial officer acting in a judicial capacity reasonably and in good faith;
(b) any other public officer acting reasonably and in good faith and without culpable
ignorance or negligence.
4.8 Right to human dignity
Every person has inherent dignity in their private and public life, and the right to have that
dignity respected and protected.
4.9 Right to personal security
Every person has the right to bodily and psychological integrity, which includes the right—
(a) to freedom from all forms of violence from public or private sources;
(b) to make decisions concerning reproduction;
(c) not to be subjected to medical or scientific experiments, or to the extraction or use of
their bodily tissue, without their informed consent.
4.10 Freedom from torture or cruel, inhuman or degrading treatment or
punishment
No person may be subjected to physical or psychological torture or to cruel, inhuman or
degrading treatment or punishment.
Select target paragraph3
Add to table of contents