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Section 7, REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12

Status not yet checkedREPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12, Sierra Leone

(1) No person shall be deprived of his personal liberty except as may be authorised by law in any of the followingcases, that is to say:— a) in consequence of his unfitness to plead to a criminal charge; or b) in the execution of a sentence or order of a court whether in Sierra Leone or elsewhere in respect of a criminal offence of which he has been convicted; or c) in the execution of an Order of the High Court or the Court of Appeal or the Supreme Court or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal or commission of inquiry; or d) in the execution of an Order of a court made in order to secure the fulfilment of any obligation imposed on him by law; or e) for the purpose of bringing him before a court or a tribunal in execution of the order of a court; or f) upon reasonable suspicion of his having committed or being about to commit a criminal offence; or g) in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; or h) for the purpose of preventing the spread of an infectious or contagious disease; or i) 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 care or treatment or the protection of the community; or j) for the purpose of preventing the unlawful entry of that person into Sierra Leone, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Sierra Leone or the taking of proceedings thereto; or k) during a period of public emergency; or l) to such an extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Sierra Leone or prohibiting him from being in such an area, or to such an 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 which he may be permitted to make to any part of Sierra Leone in which, in consequence of any such order, his presence would otherwise be unlawful. (2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in language which he understands, of the reasons for his arrest or detention. (3) Any person who is arrested or detained in such a case as is mentioned in subparagraph (e) or (f) of subsection (1) of this Section and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said paragraph (f) is not tried within a reasonable time, then without prejudice to any further proceedings which my be brought against him he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he 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. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Section to the extent that the law in question authorises the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency. (6) If any person who is lawfully detained by virtue only of such a law as is referred to in subsection (5) so requests at any time during the period of that detention not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Sierra Leone as legal practitioners. (7) On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

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