18

Article 18 1. Every person has a right to liberty and security of the person. 2. The restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1) - a. the arrest or detention in execution of a sentence or other lawful order of a court; b. the arrest or detention on reasonable suspicion of having committed or of being about to commit an offence for the purposes of investigation or preventing the commission of the offence and of producing, if necessary, the offender before a competent court; c. the arrest or detention to prevent the spread of infectious or contagious diseases which constitute a serious threat to public health; d. the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community; e. the arrest or detention for the purpose of preventing the unauthorised entry into Seychelles of a person, not being a citizen of Seychelles, or for the purpose of deportation or extradition of that person; f. the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the Attorney-General where such detention is ordered by a competent court. 3. A person who is arrested or detained has a right to be informed at the time of arrest or detention or as soon as is reasonably practicable thereafter in, as far as is practicable, a language that the person understands of the reason for the arrest or detention, a right to remain silent, a right to be defended by a legal practitioner of the person's choice and, in the case of a minor, a right to communicate with the parent or guardian. 4. A person who is arrested or detained shall be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter of the rights under clause (3). 5. A person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention. 6. A person charged with an offence has a right to be tried within a reasonable time. 7. A person who is produced before a court shall be released, either unconditionally or upon reasonable conditions, for appearance at a later date for trial or for proceedings preliminary to a trial except where the court, having regard to the following circumstances, determines otherwise - a. where the court is a magistrates' court, the offence is one of treasonor murder; b. the seriousness of the offence; c. there are substantial grounds for believing that the suspect will fail to appear for the trial or will interfere with the witnesses or will otherwise obstruct the course of justice or will commit an offence while on release; d. there is a necessity to keep the suspect in custody for the suspect's protection or where the suspect is a minor, for the minor's own welfare; e. the suspect is serving a custodial sentence; f. the suspect has been arrested pursuant to a previous breach of the conditions of release for the same offence. 8. A person who is detained has the right to take proceedings before the Supreme Court in order that the Court may decide on the lawfulness of the detention and order the release of the person if the detention is not lawful. 9. Proceedings under clause (8) shall be dealt with as a matter of urgency by the Supreme Court and shall take priority over other proceedings of the Court listed for hearing on that day. 10. A person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the State, on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them. 11. A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person. 12. An offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender or suspect. 13. A female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect. 14. Where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence. 15. A person shall not be imprisoned merely on the ground of the inability to fulfil a contractual obligation. 16. Clause (15) shall not limit the powers of a court under any law in enforcing its orders.