'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Antigua and Barbuda - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

2. Interpretation.

In the interpretation of this Act, and of any other Act relating to criminal law, unless there be something in the enactment, or in the context, indicating a different meaning, or calling for a different construction -

(c) Whenever a person doing a certain act is declared to be guilty of any offence and to be liable to punishment therefor, it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act, and whenever, it is provided that the offender shall be liable to different degrees or kinds of punishment, it shall be understood that the punishment to be inflicted will be subject to the limitations contained in the enactment, in the discretion of the Court, or tribunal, before which such conviction takes place.

PART I
APPREHENSION OF OFFENDERS

6. Constable, may apprehend persons found loitering about at night.

Provided that no person, apprehended as aforesaid, shall be detained longer than forty-eight hours without being brought before a Magistrate.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute