If you are arrested or questioned

Your rights under the Constitution

No person can be deprived of life or personal liberty except in accordance with law.

Federal Constitution Art 5(1)

If someone complains to a High Court that a person is being unlawfully detained, the court must inquire into it and, unless satisfied that the detention is lawful, order the person to be brought before it and released.

Federal Constitution Art 5(2)

For a person who is not a citizen and is arrested or detained under the law on immigration, the limit is 14 days instead of 24 hours.

Federal Constitution Art 5(4)

Being told why, and contacting someone

A person arrested without a warrant must be told the grounds of the arrest as soon as may be, by the police officer making it.

Criminal Procedure Code s 28A(1)

Before any questioning or recording of a statement, the police must tell you that you may communicate, or try to communicate, with a relative or friend to say where you are, and with a lawyer of your choice to consult them.

Criminal Procedure Code s 28A(2)

If you ask for a lawyer, the police must allow a reasonable time for the lawyer to meet you where you are held and for the consultation to take place.

Criminal Procedure Code s 28A(4)

The police must put off questioning you or recording your statement for a reasonable time, until you have contacted or tried to contact a lawyer, or until the consultation has taken place.

Criminal Procedure Code s 28A(6)

The facilities for this must be reasonable and free of charge.

Criminal Procedure Code s 28A(7)

These requirements do not apply where the police reasonably believe that complying is likely to help an accomplice avoid arrest, or lead to evidence being hidden, made up or destroyed or a witness being intimidated, or that questioning is too urgent to delay because of the safety of other people. This exception needs the authorisation of a police officer not below the rank of Deputy Superintendent of Police.

Criminal Procedure Code s 28A(8), (9)

How long you can be held

A police officer who arrests you without a warrant must take you before a Magistrate without unnecessary delay, subject to the rules on bail or release.

Criminal Procedure Code s 28(1)

Without a special order of a Magistrate, you cannot be held for more than 24 hours, not counting the time needed for the journey from the place of arrest to the Magistrate.

Criminal Procedure Code s 28(3)

If the investigation cannot be completed within those 24 hours and there are grounds for believing the accusation is well founded, the police must bring you before a Magistrate, who can authorise further detention:

• for an offence punishable with less than 14 years' imprisonment: up to 4 days on the first application and up to 3 days on the second
• for an offence punishable with death or with 14 years' imprisonment or more: up to 7 days on the first application and up to 7 days on the second

Criminal Procedure Code s 117(1), (2)

The Magistrate must allow you to make representations about how long you are held, yourself or through a lawyer of your choice.

Criminal Procedure Code s 117(5)

Being questioned by the police

A police officer investigating a case can question anyone believed to know the facts and circumstances of it, and must write down what that person says.

Criminal Procedure Code s 112(1)

You have to answer questions about the case, but you can refuse to answer any question whose answer would tend to expose you to a criminal charge, penalty or forfeiture.

Criminal Procedure Code s 112(2)

You are legally bound to tell the truth in your statement, and the officer must tell you these rules first.

Criminal Procedure Code s 112(3), (4)

Whenever possible, your statement is written down and read back to you in the language you made it in, and you are given a chance to correct it before you sign it or put your thumbprint on it.

Criminal Procedure Code s 112(5)

If you are the accused, a statement you made during the police investigation can be admitted in evidence in support of your defence at the trial.

Criminal Procedure Code s 113(3)