Your Rights during an Arrest

While it may be exciting to see villains being arrested in movies, it may not be so when such arrest happens on you, whether or not the arrest is with just cause. Let us bring you through your rights during an arrest and what may happen thereafter.

What is an arrest?

Commonly done by police officers or other law enforcement officers, an arrest occurs when you are told so. You are also considered to be under arrest if you are refrained from going anywhere you want by the police or you are told that force would be use if necessary, to achieve such refrainment. An arrest is made by touching or confining your body.

Can I refuse to be arrested?

You can surrender yourself to the police’s custody by word or action, in which case the police cannot touch or confine your body. However, if you resist the arrest with force, the officer may use all means necessary to effect the arrest.

Can I be arrested without a warrant?

Depends on what type of offence you are suspected to be associated with. Generally, arrest without warrant can be performed on:

• Anyone who committed a seizable offence (offences punishable with death or imprisonment of at least 3 years)
• Absconder;
• Anyone in possession of stolen goods or fraudulently obtained property;
• Anyone who obstructs a police officer in duty
• Anyone who tries to escape from lawful custory
• Habitual robber, house-breaker or thief

Can police arrest me without giving any reason?

Grounds of arrest must be informed by the police as soon as may be.

Can the police forbids me from using my phone during the arrest?

Before commencing any form of questioning or recording of statement, the police must inform you that you may communicate with two classes of people: your relative or friend AND your lawyer. You must be allowed to make such calls as soon as may be.

Can I request to talk to my lawyer during the arrest?

You can make such request and you shall be allowed to do so as soon as may be. You can meet your lawyer at the place of detention under the sight of the police officers but they cannot overhear you. However, your request to meet your lawyer may be rejected if the police reasonably believes that such meeting would result in your accomplice’s escape, concealment or destruction of evidence, intimidation of witness etc.

Can any police officer reject my request to meet my lawyer?

Only those above the rank of Deputy Superintendent of Police may reject your request to meet your lawyer.

What would happen during the arrest?

The police can interview you, record your statement and perform necessary tests on you, such as urine test or blood test.

What are my rights during the interview?

You have the right to remain silent and the police must inform you so. Your silence shall not be used against you in trial later. You can also refuse to answer any questions which may expose you to criminal charges. After your statement is recorded, make sure to read and understand it before signing the statement.

How long can I be detained?

You can only be detained up to 24 hours. If the police wishes to detain you further, you must be brought before the Magistrate within 24 hours for a remand order.

How would the Magistrate decide whether or not to extend my detention?

It would depends on the situation, particularly on the offence being investigated. Please refer to the table below:

Type of Offence	First application	Second Application
punishable with imprisonment less than 14 years	not more than 4 days	not more than 3 days
punishable with imprisonment 14 years above / death	not more than 7 days	not more than 7 days

What happen if the Magistrate refuse to extend my detention?

You must be released immediately.

Will I be charged after an arrest?

That depends on the outcome of the investigation. If the police has gathered enough evidence, they may charge you in Court before the expiry of your detention period.

If the Magistrate released me, does that mean that I cannot be charged later?

No, the police has the right to charge you even after you are released by the Magistrate, as long as they have enough evidence.

Can I sue the police and claim for whatever losses I suffer during the detention?

The police officers are executing their duty under the law and no claim can be brought against them, even though you may have wasted time during the detention and missed certain business opportunity. However, if you are abused during the detention, you may consider an action against the police.

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Disclaimer

Articles published in this website are for general informational purpose only and shall not constitute any form of legal advice to any specific case. Kindly contact us if you are currently experiencing a legal dilemma related to this topic and need further legal consultation.