The right to life and personal liberty is a fundamental human right, upheld by the Constitution.
Article 9 of the Singapore Constitution ensures citizens of these rights.
The legislation grants the Court authority to investigate unlawful detentions and incarcerations.
The rights and laws guaranteed by the Section include –
Freedom from prolonged pre-trial detention
According to Article 9(1), "no person shall be deprived of his life or personal liberty save in accordance with the law."
Officials can arrest or detain a person without trial if they are liable to public safety and order.
People engaging in drugs and intoxication can also trigger an arrest without notice and recommended rehabilitation and treatment.
Right to counsel
Any person arrested for a crime has the right to know the charges against them.
They may seek legal representation within a reasonable period while in custody.
The accused can contact family members and friends and arrange for any legal consequences as well.
Right to habeas corpus
Habeas Corpus is a charged person's defence mechanism against unlawful arrest.
They are entitled to have their charges and detention reviewed by the court of law.
If the court is unsatisfied with the procedure followed by the officers or finds any non-compliance, the accused is produced in court and released from custody.
Entitlement to a fair trial
Singapore recognizes "law" as fundamental to natural justice.
A guilty verdict follows criminal charges only if the evidence is substantial without a glimmer of doubt.
The accused should present their case without any external influence and hear their defence impartially.
Right to notice of charges
The accused is entitled to know the charges against them.
It includes the time and place of the incidents of crime and the punishments that follow.
The prior notification helps the accused build a defence and pave the way for a fair trial.
Right to an impartial judge
An impartial judge actuates a fair trial.
If the guilty feel the verdict was biased, they can apply for a review.
Recently, grounds for apparent bias were cleared as reasonable observers with an open mind would think the judgment was impartial, and support the appeal.
Relevant observations made by the witness form the basis for review.
Right to appeal
The defendant or plaintiff can counter any verdict passed by the Magistrate's court to the High Court.
The Court of Appeal hears any counterclaims made against the opinions of the High Court.
The petition for appeal must follow within 14 days from the day of the hearing.