A stressful experience for a person. This is especially

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up a constitute, what the entity is. In Singapore, Article 4 of the Constitution “This Constitution is the supreme law of the Republic of Singapore and any law enacted by the Legislature after the commencement of this Constitution which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.”Article 14 of the constitution explains the fundamental rights of singapore citizens,14.— (1) Subject to clauses (2) and (3) —(a) every citizen of Singapore has the right to freedom of speech and expression;(b) all citizens of Singapore have the right to assemble peaceably and without arms; and(c) all citizens of Singapore have the right to form associations.(2) Parliament may by law impose —(a) on the rights conferred by clause (1)(a), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or to provide against contempt of court, defamation or incitement to any offence;(b) on the right conferred by clause (1)(b), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof or public order; and(c) on the right conferred by clause (1)(c), such restrictions as it considers necessary or expedient in the interest of the security of Singapore or any part thereof, public order or morality.(3) Restrictions on the right to form associations conferred by clause (1)(c) may also be imposed by any law relating to labour or education.Being put under arrest is an extremely stressful experience for a person. This is especially when a person does not know his legal rights. Criminal investigations in Singapore are conducted by the police and and various other law enforcement agencies eg, Central Narcotics Bureau, Corrupt Practices Investigation Bureau.When you are arrested,the police have the right to ask you for your name, home address and NRIC number. The police have the rights to search you and your belongings, any place the police believe may contain evidence for example, your property, vehicle, computer, handphone etc. The police have the right to question any person in relation to the investigation. You are required by law to provide information (to the best of your ability) relating to the investigation by the police. This is under Section 22(2) of the Criminal Procedure Code which states that any person being questioned by the police. However, you are not required to say anything that might expose you to a criminal charge, penalty or forfeiture.Woman may only be search by another woman and with strict regard to decency.If the police decide to search places such as your home or workplace, they may seize any items found as evidence. At the conclusion of the case, the court will decide what to do with the seized items, whether to return the items to you.If you are going to be charged, you will be asked to give a “cautioned statement” pursuant to Section 23 to the police. This statement will generally be recorded in the English Language. If you are unable to understand English, you should inform the Police immediately and they will arrange for someone to interview you in a language that you are familiar with.Pursuant to Section 23 of the Criminal Procedure Code, you have the right to remain silent and not provide any statement. However, the Court’s may draw an adverse inference from this.If you have any defence, or you want to state your innocence, you should state it to the Police at the point of making the statement. Any facts that you intend to raise in your defence should be stated at this point. Facts that you raise later in court will not be as persuasive and may be deemed an “afterthought”.After you give your statement, you will be allowed to read it again. If there are any discrepancies you should highlight it to the Police officer. The Police cannot force you to sign the statement. You should only sign it once you are satisfied with what has been recorded. This statement may be used against you in Court. A copy of this statement will be provided to you.You must be very careful while making your statement, as this will be heavily relied upon when you go to Court. You must ensure that the statement is truthful and lays out your version of the events. You should also pay attention to the specific words that you use as this can also affect you when you go to Court.The Police are not allowed to question you forcefully or continue questioning you when you are unwell. You are allowed to tell the Police officer that you cannot continue with the questioning and need to see a doctor. They must accede to this request.You can also request for toilet breaks and to be given food and water.That being said, you should not abuse these rights. If you purposely stop investigations by feigning illness or you refuse to talk to the Police at all, these considerations will be taken into account when you are charged in Court.You should also ask for all your requests to be recorded.Art 9, The Constitution of SingaporeLiberty of the person9.—(1)  No person shall be deprived of his life or personal liberty save in accordance with law.(2)  Where a complaint is made to the High Court or any Judge thereof that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the Court and release him.(3)  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.(4)  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.9/2010 wef 01/07/2010(5)  Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.(6)  Nothing in this Article shall invalidate any law —(a)in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or(b)relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation,by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 10th March 1978.Singapore is considered by many to be a very safe place to live in and do business. It is also a nation that has one of the lowest crime rate in the world. Singapore is a republic with a parliamentary system of government based on the Westminster model. As a commonwealth nation, we adopt the english common law as the legal system in Singapore. The rule of law means that everyone in a state, including the government, is subject to the law. One such law, the supreme law of the land is the constitution. The rule of law is a legal principle that requires everyone, including the government, to obey the law. While the principle is universal, each nation has provisions that take into account special considerations related to its historical and cultural development. As mentioned by tom Bingham, ‘the rule of law – core of the existing principle is that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts.’A Constitution is a collection of rules that determine the creation and operation of the government and its institutions. In Singapore, under Article 4, the constitution is the supreme law. All other laws passed must not contravene the Constitution. This is called constitutional supremacy. The Singapore Constitution lays down the fundamental principles and basic framework for the three organs of state, namely, the Executive, the Legislature and the Judiciary. The separation of governmental powers among the three branches of government creates a system of checks and balances between them.The executive – Comprises the Cabinet and the President. The cabinet is made up of the Prime Minister and other ministers.The Legislature – Is made up of Parliament and the President. The Legislature is the law-making body of the government.The Judiciary – Interprets the law in order to decide disputes between two or more individuals, as well as between individuals and the government. Article 9(1) can be tracked back to Magna Carta Clause 39 ‘No free man shall be seized or imprisoned, or stripped of his rights or possessions except by the lawful judgement of his equals or by the law of the land.We will discuss the legal rights of a person when he is arrested. Being put under arrest is an extremely stressful experience. Especially when a person does not know his legal rights. Movies and television series depicts the basic legal rights when a person is arrested. Unfortunately, this does not apply to reality.According to article 9(1), No person shall be deprived of his life or personal liberty save in accordance with law. In the case of Yong Vui Kong v Public Prosecutor 2015 SGCA 11, the meaning of “life or personal liberty” is debated as such, Before we consider the construction of these words “life or personal liberty”, it is helpful to note two key features of Art 9(1) which are apparent on a plain reading. First, it prohibits the State from unlawfully deprivingan individual of his life or personal liberty, but does not impose any duty on the State to take affirmative measures to facilitate or promote a person’s enjoyment of his life and personal liberty. Second, Art 9(1) contemplates that the State may deprive an individual of, or intrude upon, rights that are within the ambit of “life and liberty” but only in accordance with law. Thus, the provision seeks to ensure that any such deprivations or intrusions are authorised by and comply with “law”. The word “law” includes legislative enactments: Art 2(1) of the Constitution. Therefore, even assuming that a particular right falls within the ambit of the words “life and personal liberty”, that does not preclude Parliament from depriving a person of that right by way of a validly enacted law. In order to challenge such an enactment, a litigant must not only show that it deprives or threatens to deprive him of his right to life and personal liberty; he must go further and establish that the enactment is void and/or inconsistent with another law that takes precedence over it.15     In sum, the object and purpose of Art 9(1) is to ensure that the Government acts in accordance with valid laws when depriving a person of his life or personal liberty. In these circumstances, it might be thought surprising if Art 9(1) protected a person only from unlawful execution, incarceration or detention. Such a parsimonious reading would mean that there is no constitutional safeguard against other forms of criminal punishment that entail improper interference with a person’s bodily integrity or personal liberty.https://www.singaporecriminallawyer.com/your-rights-when-arrested/https://en.wikipedia.org/wiki/Article_9_of_the_Constitution_of_SingaporeAccording to article 9(3) of the Constitution when a person is arrested,he shall be informed as soon as may be of the grounds of his arrestshall be allowed to consult and be defended by a legal practitioner of his choiceAlthough the right to seek legal counsel exists, this right is not an unqualified right. An accused person is allowed to consult legal counsel within a reasonable time. This “reasonable time” has been widely interpreted by the courts.As stated in James Raj s/o Arokiasamy v Public Prosecutor 2014 SGHC 10,The main issue in this application concerned the question when an arrested person’s right to counsel under the Constitution arises. Article 9(3) of the Constitution states: “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice”. This provision does not stipulate the point in time at which the person arrested is entitled to consult counsel. But the Court of Appeal made it clear in Jasbir Singh and another v Public Prosecutor 1994 1 SLR(R) 782 (“Jasbir Singh”) that the arrested person’s constitutional right to counsel did not mean that he was entitled to consult counsel immediately after his arrest. Instead, he was entitled to consult counsel only a “reasonable time” after arrest. In the case of Jasbir Singh and another v Public Prosecutor 1994 1 SLR(R) 782, the accused party was only given access to legal counsel after two weeks. Whereas in James Raj s/0 Arokiasamy v Public Prosecutor 2014 SGHC 10, ‘reasonable time’ was to allow police investigations to take place without unreasonable interference.Referenceshttp://ionsg.blogspot.sg/2015/03/the-meaning-of-life-and-personal.htmlAG v Hertzberg Daniel and others 2009 1 SLR ® 1103 2008 SGHC 218Shadrake Alan v Attorney-General 2013 3 SLR 778Lee Hsien Loong v Singapore democratic Party and others 2009 1 SLR(R) 642


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