You are arrested at 5 pm on a Wednesday afternoon. The police tell you that you will only be appearing in court on the following Monday. This means that you will have to spend the weekend in jail.

What Does the Law Say?

The law says that the police must take you to court within 48 hours after your arrest. You were arrested at 5 pm on Wednesday afternoon. If you count 48 hours after this time, it will be 5 pm on a Friday afternoon. The court is closed at this time and for the rest of the weekend. So you cannot appear in court. You must appear on the first court day after this. This will be the following Monday.

(See: Rights of arrested people)

What Can You Do?

As soon as you get to the police station ask to see your attorney. If you don’t know an attorney, then ask to contact a member of your family or a friend to get an attorney for you. You can ask for police bail. If the offence is very serious and the police refuse to give you police bail, then you must stay in jail until you appear in court on the following Monday. When you get to court, you must ask for court bail. (See: Bail)