The Ambit of Fundamental Rights: A Discussion on Liberty and Personal Freedom

1.Liberty of the person

(1) No person shall be deprived of his life or personal liberty save in accordance with law.Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(2) Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.  

2. Discuss this statement in relation to the ambit of the fundamental rights of a citizen. What are the avenues available to the individuals to protect oneself? You are encouraged to make reference to decided cases and you may refer to work experiences or even create hypothetical situations. All references must be indicated (*see below on how to cite). You do not have to attach any case laws or any other documents.

This assignment 1 will constitute 50% of your final assessment. The marks will be distributed as follows:
a. Ability to set out the law accurately  40 marks  
b. Critically evaluate the law in relation to practice  including originality of thought 40 marks
c. Grammar and use of language