11 of 2010(d) to be given the means and opportunity to communicate with, and to be visited
by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his
or her choice;
(e)
to challenge the lawfulness of his or her detention in person or through a legal
practitioner before a court of law; and
(f)
to be released if such detention is unlawful.
(2) Every person arrested for, or accused of, the alleged commission of an offence shall, in
addition to the rights which he or she has as a detained person, have the right—
(a)
promptly to be informed, in a language which he or she understands, that he or she has
the right to remain silent and to be warned of the consequences of making any statement;
(b)
as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the
period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first
court day after such expiry, to be brought before an independent and impartial court of law and to be
charged or to be informed of the reason for his or her further detention, failing which he or she shall be
released;
(c)
not to be compelled to make a confession or admission which could be used in evidence
against him or her;
(d)
save in exceptional circumstances, to be segregated from convicted persons and to be
subject to separate treatment appropriate to his or her status as an unconvicted person;
(e)
otherwise;
(f)
to be released from detention, with or without bail unless the interests of justice require
as an accused person, to a fair trial, which shall include the right—
(i)
to public trial before an independent and impartial court of law within a
reasonable time after having been charged;
(ii)
to be informed with sufficient particularity of the charge;
(iii)
to be presumed innocent and to remain silent during plea proceedings or trial
and not to testify during trial;
(iv)
himself or herself;
to adduce and challenge evidence, and not to be a compellable witness against
(v)
to be represented by a legal practitioner of his or her choice or, where it is
required in the interests of justice, to be provided with legal representation at the expense of the State,
and to be informed of these rights;