Arrest

When Can You Be Arrested

When police reasonably suspect you of committing a serious offence and wishes to take you into custody for investigations or to charge you in Court, the police may make an arrest.

How is an Arrest Made

Informing you that you are arrested and by touching or by holding may amount to arrest. If you are likely to attempt an escape, you will be handcuffed. Reasonable force may be used to arrest you. You may ask the officer for his/her official identification and the reason for your arrest.

What Happens After You are Arrested

On arrest, you may be searched and brought to a police station for questioning. Pending questioning, you may be detained in a lock-up. You will be required to surrender whatever you have on you. A list of these things will be made and you will be asked to confirm it. A copy of this list will be given to you.

You may be detained for a maximum period of 48 hours from the time of your arrest. If the officer wants to detain you for more than 48 hours, he must bring you to Court. During this period you may be taken out for searches.

In Court, the officer must tell the Judge why he wants to detain you further. The Judge will consider the reason/s given and then decide whether you are to be further detained.

If the police or other officers do not wish to detain you for more than 48 hours they will let you go on a personal promise or put you on police bail to make sure you go back to the station or attend Court when told to do so.

Being Charged for an Offence After Arrest

You may be arrested before, during or after investigation. You may be required to give a statement. If the police decide to charge you, they will ask you to sign a cautioned statement asking you to state your defence. If you have a defence, you should always say so in the cautioned statement. Your defence may not be believed if you fail to mention it in the cautioned statement but raise it later at trial.

If you are formally charged, you will be produced in Court. If you are to be charged in Court, your fingerprints may be taken by an officer and you may be photographed at the Criminal Records Office, Criminal Investigation Department (CID). This means that there will be a record of you at the CID.

However, if you are acquitted of the offence in Court or if the charge is withdrawn, you can write to the CID for the return of the record of your fingerprints and negatives.