Papua New Guinea

Constitution of the Independent State of Papua New Guinea

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision C. – Qualified Rights.

42. LIBERTY OF THE PERSON.

(1) No person shall be deprived of his personal liberty except–

(a) in consequence of his unfitness to plead to a criminal charge ; or
(b) in the execution of the sentence or order of a court in respect of an offence of which he has been found guilty, or in the execution of the order of a court of record punishing him for contempt of itself or another court or tribunal ; or
(c) by reason of his failure to comply with the order of a court made to secure the fulfilment of an obligation (other than a contractual obligation) imposed upon him by law ; or
(d) upon reasonable suspicion of his having committed, or being about to commit, an offence ; or
(e) for the purpose of bringing him before a court in execution of the order of a court ; or
(f) for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine ; or
(g) for the purpose of preventing the unlawful entry of a person into Papua New Guinea, or for the purpose of effecting the expulsion, extradition or other lawful removal of a person from Papua New Guinea, or the taking of proceedings for any of those purposes ; or
(h) in the case of a person who is, or is reasonably suspected of being of unsound mind, or addicted to drugs or alcohol, or a vagrant, for the purposes of–
(i) his care or treatment or the protection of the community, under an order of a court; or (ii) taking prompt legal proceedings to obtain an order of a court of a type referred to in Subparagraph (i) ;
(i) in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare under the order of a court or with the consent of his guardian.

Keywords

Fair trial standards
Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment



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