51. Rights of persons detained, held in custody or imprisoned
Official Constitutional Text
51. (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.
(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.
(3) Parliament shall enact legislation that—
(a) provides for the humane treatment of persons detained, held in custody or imprisoned; and
(b) takes into account the relevant international human rights instruments.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article ensures that people who are detained, in custody, or in prison do not lose their constitutional rights.
Key protections:
- Prisoners and detainees still enjoy all rights in the Bill of Rights, except those that are obviously impossible because they are locked up.
- Anyone detained has the right to apply for habeas corpus (a court order to be brought before a judge to check if their detention is lawful).
- The government must pass laws ensuring humane treatment of prisoners and must follow international human rights standards.
This article prevents cruel treatment and upholds the dignity of people in the justice system.