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

Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.
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Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.

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.

      • BillC

        Section 2.21. Should there not be a time-scale attached to this, e.g. "informed at the time of detention of the reasons for that detention"?

          • Caledonialan

            Section 2.21. I agree, though "at the time of detention" is a point in time, rather than a timescale. On the other hand, there may well be situations in which the immediate reason for detention is not the reason for continued detention. This is not a simple area, and one should be careful of too much precision in constitutional provisions, which may have to be interpreted by the courts in the light of specific circumstances. I can't go any further, because the site stops me. This exercise requires full comments, not comments cut off after a certain number of characters. Admins, please correct!

              • Caledonialan

                Section 2.21. I no longer feel this is a serious exercise in inviting comments on the proposed constitution. Comments and amendments have to relate to specific proposals, with no room to make more general and important remarks or proposals. Headings, amendments and comments are limited to a certain number of words or characters. As a public consultation exercise, this is a farce! Admins, please take searious note!

                  • Admin/CfS6

                    Section 2.21. Caledonian. This site is in the first few weeks of a 2 year process – trying to do something not attempted before. As yet there are few respondents able to develop your particular arguments – that does not make it a farce. The limits placed are founded upon the practical limitations of a ‘popular’ consultation. We have provided a platform – please be patient – there are facilities to correspond with the Trustees & Volunteer helpers – you are participating in something new and necessarily imperfect – please try and help it along.

                    No responses

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