Protection of right to personal liberty

(1) No person shall be deprived of his or her personal liberty save as may be authorised by law in any of the following cases, that is to say— ( a ) in execution of the sentence or order of a court, whether established for Botswana or some other country, in respect of a criminal offence of which he or she has been convicted; ( b ) in execution of the order of a court of record punishing him or her for contempt of that or another court; ( c ) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him or her by law; ( d ) for the purpose of bringing him or her before a court in execution of the order of a court; ( e ) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law in force in Botswana; ( f ) under the order of a court or with the consent of his or her parent or guardian, for his or her education or welfare during any period ending not later than the date when he or she attains the age of 18 years; ( g ) for the purpose of preventing the spread of an infectious or contagious disease; ( h ) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community; ( i ) for the purpose of preventing the unlawful entry of that person into Botswana, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Botswana, or for the purpose of restricting that person while he or she is being conveyed through Botswana in the course of his or her extradition or removal as a convicted prisoner from one country to another; ( j ) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Botswana or prohibiting him or her from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he or she is permitted to make to any part of Botswana in which, in consequence of any such order, his or her presence would otherwise be unlawful; or ( k ) for the purpose of ensuring the safety of aircraft in flight. (2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he or she understands, of the reasons for his or her arrest or detention. (3) Any person who is arrested or detained— ( a ) for the purpose of bringing him or her before a court in execution of the order of a court; or ( b ) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law in force in Botswana, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph ( b ) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial. (4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.