Constitution for Scotland Public Consultation Hub

Section 2.21. Everyone arrested or detained has the right to be informed of the reasons, and to be informed of their right to retain and instruct counsel. They have the right to have the validity of their detention determined by habeas corpus, being a writ requiring persons to be brought into court for a judge to decide whether their detention is lawful or not.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-16 22:13:50

    Section 2.21. Section 2.21. Everyone arrested or detained has the right to be informed of the reasons, and to be informed of their right to retain and instruct counsel. They have the right to have the validity of their detention determined by habeas corpus, being a writ requiring persons to be brought into court for a judge to decide whether their detention is lawful or not.

      • Caledonialan

        Section 2.21. Habeas corpus is a writ used in English law. It has never had any place in Scots law, and should certainly not be brought in as a result of independence!

        No responses

Proposed Amendment to Section 2.21.

  • Caledonialan

    Section 2.21. Section 2.21. Everyone arrested or detained has the right to be informed of the reasons, and to be informed of their right to retain and instruct counsel. They have the right to have the validity of their detention determined by a competent judge.

    1 vote  |  I agree 1 I disagree 0
    No responses

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