It is your fundamental right to be informed that “you are arrested” and on what grounds. The police must bring you to the nearest police station immediately and nowhere else.
You have the right to contact a lawyer of your choice within 24 hours being arrested.
You have the right to consult with your lawyer before the police commences any questioning or take any statement from you.
You have the right to remain silent and refuse to answer any questions, however adverse inference might be drawn against your silence if the case goes to trial.
You have the right to communicate with a relative or friend about your whereabouts within 24 hours from the time of arrest.
Initial police detention must not exceed 24 hours. (excluding the time taken for the journey from the place of arrest to the Magistrate Court)
The right to communicate with a relative, friend and lawyer can be refused where:
there is reasonable belief that to do so could result in an accomplice of the person arrested taking steps to avoid apprehension; or
there would be destruction, concealment or fabrication of evidence or intimidation of witnesses; or
taking regard to the safety of other persons, the questioning or recording of any statement should not be delayed.
(ii) REMAND
Where investigations cannot be completed within 24 hours from the time of arrest, a Magistrates can authorise a “remand order” to remand a person up to 14 days.
If the offence is punishable with imprisonment for less than 14 years, the detention shall not be more than 4 days on the first application, and shall not be more than 3 days on the second application.
If the offence is punishable with death or imprisonment of 14 years or more, the detention shall not be more than 7 days on the first application, and shall not be more than 7 days on the second application.
It is your right to be represented by a Counsel (ie: lawyer) during remand proceedings.
