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HUMAN RIGHTS ACT 2019 - SECT 29
Right to liberty and security of person
29 Right to liberty and security of person
(1) Every person has the right to liberty and security.
(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) A person awaiting trial
must not be automatically detained in custody, but the person’s release may
be subject to guarantees to appear— (a) for trial; and
(b) at any other
stage of the judicial proceeding; and
(c) if appropriate, for execution of
judgment.
(7) A person deprived of liberty by arrest or detention is entitled
to apply to a court for a declaration or order regarding the lawfulness of the
person’s detention, and the court must— (a) make a decision without delay;
and
(b) order the release of the person if it finds the detention is
unlawful.
(8) A person must not be imprisoned only because of the person’s
inability to perform a contractual obligation.
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