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.

(2) A person who is arrested or detained–

(a) shall be informed promptly, in a language that he understands, of the reasons for his arrest or detention and of any charge against him ; and
(b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid) ; and
(c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained,
and shall be informed immediately on his arrest or detention of his rights under this subsection.

(3) A person who is arrested or detained–

(a) for the purpose of being brought before a court in the execution of an order of a court ; or
(b) upon reasonable suspicion of his having committed, or being about to commit, an offence, shall, unless he is released, be brought without delay before a court or a judicial officer and, in a case referred to in paragraph (b), shall not be further held in custody in connection with the offence except by order of a court or judicial officer.

Keywords

Fair trial standards



EDIT.