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Rights of Arrested People

If you are arrested, Section 35 of the Constitution lists your rights as follows:

  • From the time of arrest (even before you have been charged, you have a right to see your attorney.
  • The police officer must take you to a police station as soon as possible, unless the warrant of arrest says they must take you to some other place.
  • You do not have to answer questions, but you must give your name and address. It is best not to say anything else to the police until you speak to your attorney.
  • While you are locked up in a cell, you have the rights to:
    • have family visits
    • see a minister of religion (usually this is a minister working for the government)
    • see a doctor (usually this is a government doctor, the district surgeon or a prison doctor)
    • wear your own clothes
    • exercise for at least one hour a day in the open air
    • write and receive letters
    • get enough properly prepared food and drink
  • The police must take you to court within 48 hours after your arrest.

If the 48 hours ends after 4 pm on a weekday, then they must take you to court on the next day, before 4 pm. If the 48 hours ends on a weekend or a public holiday, then they must take you to court on the first court day, before 4 pm. This is usually the next Monday, unless the Monday is a public holiday. If this does not happen, then it is unlawful for the police to keep you in prison. You can sue the police.

(See: Problem 9: Your right to appear in Court within 48 hours of arrest)

If the police get evidence against you by going against any of your rights, this evidence will not be allowed in court.

(See: Section 35 of the Bill of Rights: Arrested, Detained and Accused persons)

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