If police stop or arrest you
What to know when you are stopped, arrested or questioned.
In simple words
Limitation of rights and fundamental freedoms
- A right may only be limited by law, and only when the limit is reasonable and justifiable in a free and democratic society.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article → - Even when limited, a right cannot be emptied of its core meaning.
Art. 24(2)(c)
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
Read the full article → - The State must be able to show the court that any limit on a right is justified.
Art. 24(3)
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
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- Some rules can limit a right, but only if they are fair and if they are needed to protect others.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
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Fundamental Rights and freedoms that may not be limited
- Some rights can never be limited, even in an emergency.
Art. 25
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - Freedom from torture and cruel, inhuman or degrading treatment can never be limited.
Art. 25(a)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - Freedom from slavery or servitude can never be limited.
Art. 25(b)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - The right to a fair trial can never be limited.
Art. 25(c)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
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- Some rights can never be taken away, not even in an emergency.
Art. 25
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - No one is ever allowed to torture you or treat you cruelly.
Art. 25(a)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
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Rights of arrested persons
- If you are arrested, the police must tell you why, in a language you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You have the right to stay silent. You do not have to explain yourself.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You have the right to call a lawyer, and to talk to people who can help you.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - You must not be forced to confess or admit to anything.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You must be taken to court within 24 hours.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
Read the full article → - You can ask to be released on bail unless there is a strong reason not to.
Art. 49(1)(h)
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
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- If a police officer stops you, they must tell you why, in a way you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You can stay quiet. You do not have to answer.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You can ask to talk to a grown-up who helps you, like a lawyer or a parent.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - No one is allowed to force you to say you did something wrong.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You should be taken to a judge very fast, within one day.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
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Fair hearing
- Every dispute should be decided fairly and openly by a court or an impartial body.
Art. 50(1)
(1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.
Read the full article → - If you are accused of a crime, you are innocent until proven guilty.
Art. 50(2)(a)
(a) to be presumed innocent until the contrary is proved;
Read the full article → - You must be told clearly what you are accused of.
Art. 50(2)(b)
(b) to be informed of the charge, with sufficient detail to answer it;
Read the full article → - You have the right to a lawyer, and to be told this promptly.
Art. 50(2)(g)
(g) to choose, and be represented by, an advocate, and to be informed of this right promptly;
Read the full article → - If serious injustice would otherwise happen, the State can give you a lawyer at its own cost.
Art. 50(2)(h)
(h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
Read the full article → - You can stay silent and you do not have to testify.
Art. 50(2)(i)
(i) to remain silent, and not to testify during the proceedings;
Read the full article → - You have the right to a free interpreter if you do not understand the language used in court.
Art. 50(2)(m)
(m) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;
Read the full article → - You cannot be tried twice for the same offence.
Art. 50(2)(o)
(o) not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;
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- If someone says you did something wrong, you are still not guilty until it is proven.
Art. 50(2)(a)
(a) to be presumed innocent until the contrary is proved;
Read the full article → - You can have someone help you explain your side.
Art. 50(2)(g)
(g) to choose, and be represented by, an advocate, and to be informed of this right promptly;
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Rights of persons detained, held in custody or imprisoned
- Even if you are detained or in prison, you keep your rights in the Bill of Rights.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
Read the full article → - If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
Art. 51(2)
(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.
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- Even people in prison still have rights and must be treated well.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
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