Australian Capital Territory Current Acts

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HUMAN RIGHTS ACT 2004 - SECT 18

Right to liberty and security of person

    (1)     Everyone has the right to liberty and security of person. In particular, no-one may be arbitrarily arrested or detained.

    (2)     No-one may be deprived of liberty, except on the grounds and in accordance with the procedures established by law.

    (3)     Anyone who is arrested must be told, at the time of arrest, of the reasons for the arrest and must be promptly told about any charges against them.

    (4)     Anyone who is arrested or detained on a criminal charge—

        (a)     must be promptly brought before a judge or magistrate; and

        (b)     has the right to be tried within a reasonable time or released.

    (5)     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.

    (6)     Anyone who is deprived of liberty by arrest or detention is entitled to apply to a court so that the court can decide, without delay, the lawfulness of the detention and order the person's release if the detention is not lawful.

    (7)     Anyone who has been unlawfully arrested or detained has the right to compensation for the arrest or detention.

    (8)     No-one may be imprisoned only because of the inability to carry out a contractual obligation.



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