- Laws of Fiji

[SCH CON 9] Right to personal liberty9

(1) A person must not be deprived of personal liberty except—

(a)for the purpose of executing the sentence or order of a court, whether handed down or made in Fiji or elsewhere, in respect of an offence of which the person had been convicted;
(b)for the purpose of executing an order of a court punishing the person for contempt of the court or of another court or tribunal;
(c)for the purpose of executing an order of a court made to secure the fulfilment of an obligation imposed on the person by law;
(d)for the purpose of bringing the person before a court in execution of an order of a court;
(e)if the person is reasonably suspected of having committed an offence;
(f)with the consent of the person’s parent or lawful guardian or upon an order made by a court, for the purpose of the person’s education or welfare during any period ending not later than the date of his or her 18th birthday;
(g)for the purpose of preventing the spread of an infectious or contagious disease;
(h)for the purpose of the person’s care or treatment or for the protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant; or
(i)for the purpose of preventing the unlawful entry of the person into Fiji or of effecting the expulsion, extradition or other lawful removal of the person from Fiji.

(2) Subsection (1)(c) does not permit a court to make an order depriving a person of personal liberty on the ground of failure to pay maintenance or a debt, fine or tax, unless the court considers that the person has wilfully refused to pay despite having the means to do so.

(3) If a person is detained pursuant to a measure authorised under a state of emergency—

(a)the person must, as soon as is reasonably practicable and in any event within 7 days after the start of the detention, be given a statement in writing, in a language that the person understands, specifying the grounds of the detention;
(b)the person must be given the opportunity to communicate with, and to be visited by—
- (i)his or her spouse, partner or next-of-kin;
- (ii)a legal practitioner;
- (iii)a religious counsellor or a social worker; and
- (iv)a medical practitioner;
(c)the person must be given reasonable facilities to consult with a legal practitioner of his or her choice;
(d)the detention must, within one month and thereafter at intervals of not more than one month, be reviewed by a court; and
(e)at any review by a court, the person may appear in person or be represented by a legal practitioner.

(4) At any review of the detention under subsection (3), the court may make such orders as to the continued detention of the person.