due process! <3 CTP oppar

Question 1

What is due process?

Answer 1

The legal procedures you are entitled to when the government deprives you of rights

Question 2

What does a constitution do?

Answer 2

1. founding document that establishes the government structure
2. establishes limits on government power to restrict your rights and liberties
3. includes due process rights

Question 3

What clause is the due process under for the Constitution?

Answer 3

Article 9

Question 4

Article 9 consists of what 4 prongs?

Answer 4

1. Informed of grounds of arrest
2. Allowed counsel within a reasonable time
3. Appear before a magistrate within 48h
4. Entitled to judicial review of detention when complaint made = Habeas corpus rights

Question 5

What is the exception to article 9?

Answer 5

Will not invalidate any law before the commencement of Constitution, which authorises the arrest and detention of any person in the interests of public safety, peace and order = ISA

Question 6

Who enacts the ISA?

Answer 6

Ministry of Home Affairs orders the detention

Question 7

When was the ISA enacted?

Answer 7

1960, before the Constitution in 1965

Question 8

What 4 happens under detention?

Answer 8

No trial
In 2 year periods
*** Annual reviews
Renewable indefinitely

Question 9

Clause 8 of ISA requires that?

Answer 9

The President is satisfied that preventing actions prejudicial to

• *** security of SG or
• maintenance of public order or
• essential services is necessary

the Minister shall make an order detaining a person for
- any period not more than 2 years

Question 10

What are the known ISA cases?

Answer 10

1960s: Chia Thye Poh case –> accused of being a Communist sympathiser
1980s: Operation Spectrum –> Catholic activists’ Marxist conspiracy to overthrow government by force
2000s: Men arrested for suspected terrorist links –> Islamic State, Jemaah Islamiyah

Question 11

Human rights advocates believe?

Answer 11

That you have certain rights as a human regardless of whether your government recognises them or not

Question 12

What is forbidden under the US due process?

Answer 12

Constitution forbids detention under trial

Question 13

What happens before trial under US due process?

Answer 13

Prosecutor must charge within 72 hours (differs with state law)

Question 14

What happens in speedy trials under US due process?

Answer 14

accused has the right to a speedy trial, within a year

Question 15

What does the UN Declaration of Human Rights say about due process?

Answer 15

It is a basic human right under UDHR
No one shall be subjected to arbitrary arrest, detention or exile
Right to be presumed innocent until proven guilty
Has guarantees for his defence

Question 16

What is the counsel clause under Article 9?

Answer 16

When arrested, they shall be informed asap of the grounds of arrest
Shall be allowed to be defended by a legal practitioner of his choice

Question 17

What is habeas corpus?

Answer 17

“you have the body” aka unlawful detainment complaint clause
Complaint that you are unlawfully detained

*** High Court inquires into complaint
Unless High Court is satisfied that detention is lawful, he shall be released

Question 18

What is the hearing clause?

Answer 18

1. Arrested and shall, without unreasonable delay, within 48h, be produced before a magistrate
2. Shall not be further detained without magistrate’s authority

Question 19

What is a magistrate?

Answer 19

A low level judge