‹ Indietro

Rights of an Arrested Person

Legal arrests are effected against people who are suspected to have contravened the law. In criminal cases, persons can be arrested for committing an offence prescribed under the law. It is important to note that, a person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Constitution, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned. Regardless of the gravity of offence, arrested persons are entitled to the rights described below. A person whose such rights are contravened could be acquitted or compensated by the state.   

Reasonable or No Force during Arrest

When arresting, the body of the person to be arrested must be touched by the person with the authority to arrest. However, physical contact is unnecessary when the person to be arrested submits to custody either through their words or actions.[1] Although the person effecting the arrest is only allowed to use force in situations where the suspect attempts to either evade or resist arrest, the force should not be greater than reasonable or necessary in the particular circumstances.[2] The arrested person shall not be subjected to more restraint than is necessary to prevent his escape.

Miranda Rights

An arrested person is entitled to be informed promptly, in language that the person understands, of: the reason for the arrest; the right to remain silent; and the consequences of not remaining silent. These rights are commonly referred to as the Miranda rights because they emanate from the U.S Supreme Court decision in the case Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602  (1966). Therefore, “a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. The suspect must be advised of the right to remain silent, the right to have an attorney (advocate) present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at the trial (except for impeachment purposes)”.

Right to Remain Silent and Presumed Innocent

The arrested person is entitled to excise their rights to remain silent. In case they agree to waive that right, they should not to be compelled to make any confession or admission that could be used in evidence against them. Since they are presumed to be innocent, they are supposed to be held separately from persons who are serving a sentence.

Right to be Arraigned in Court and Released on Bail/Bond

The arrested person is supposed to be brought before a court as soon as reasonably possible, but not later than: twenty-four hours after being arrested. If the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, they should be arraigned at the end of the next court day. At the first court appearance, the person should be charged or informed of the reason for the detention continuing, or to be released. Moreover, they are entitled to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. If the offence is punishable by a fine only or by imprisonment for not more than six months, the arrested person should not be remanded in custody.

Right to communicate with an Advocate or any Necessary person

A detained person is allowed to communicate with an advocate, and other persons whose assistance is necessary. They also have a right to inform their family of the arrest and the place of detention. Further, they are allowed to communicate with members of their families and be visited, except where such communication of visits can hamper investigations. Whenever family members inquire about the arrested person, they are allowed to communicate with them upon proving their relationship. Communication with visitors can be free and confidential.

Right to fair treatment and Health

Where necessary the arrested person is entitled to access to doctors and general medical assistance. The Independent Policing Oversight Authority (IPOA) can investigate ill treatment of the arrested persons and false arrests. In case a person dies in custody, IPOA should be informed within 24 hours of death to conduct investigations.