1. Section 50(1) of the Constitution provides that a person arrested or detained must:
- be informed at the time of arrest of the reason for the arrest;
- be permitted, without delay—
- at the expense of the State, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and
- at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice, and must be informed of this right promptly;
- be treated humanely and with respect for their inherent dignity;
- be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention; and
- must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful.
2. Section 50(4) provides that a person who is arrested or detained for an alleged offence has the right—
- to remain silent;
- to be informed promptly of their right to remain silent and of the consequences of remaining silent and of not remaining silent;
- not to be compelled to make any confession or admission; and
- at the first court appearance after being arrested, to be charged or to be informed of the reason why their detention should continue, or to be released.
3. Section 50(5) provides that a person who is detained, including a sentenced prisoner, has the right—
- to be informed promptly of the reason for their being detained;
- at their own expense, to consult in private with a legal practitioner of their choice, and to be informed of this right promptly;
- to communicate with, and be visited by a spouse or partner, a relative, the person’s chosen religious counselor, the person’s chosen legal practitioner, the person’s chosen medical practitioner and subject to reasonable restrictions imposed for the proper administration of prisons or places of detention, anyone else of the person’s choice;
- to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at State expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment;
- to challenge the lawfulness of their detention in person before a court and, if the detention is unlawful, to be released promptly.