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POLICE AND YOUR BASIC RIGHTS

Know your right before Police officer

4. POLICE ARREST YOU
4.1 Ask: "Why am I under arrest?"
An arrest is unlawful if you are not informed of the reason.

4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you
resist.

4.3 Ask: "Which Police station are you taking me to?"
The arresting Police Officer must immediately take you to the
nearest Police station and no other place.

4.4 What to do when arrested
You have the right to telephone call to:-
1. Your relative or friend; and
2. A lawyer.
You may also call a nearby Legal Aid Centre (LAC). Inform them:
• you have been arrested;
• the time, place and reason of the arrest;
• the Police station you will be taken to.

4.5 What happens after arrest
You may be detained up to 24 hours:
• at the Police station, or
• in a lock-up to "assist" police investigation.

5. YOUR RIGHTS AFTER ARREST & DURING DETENTION
5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to
consult the lawyer at the Police Station. The Police must accord
you reasonable facilities and a reasonable time for you to meet
and consult the lawyer. The Police may, however, deny you this
right, if the delay in questioning you may cause the occurrence of
another crime or cause danger to others.

5.2 Clothing
You are allowed to have one set of clothing with you in the
lock-up.

5.3 Personal belongings
The Police must record and put all your personal belongings in
safe custody. Your personal belongings must be returned to you
upon your release.

5.4 Welfare
You are allowed to take a bath two times a day. If you are sick,
you have the right to receive immediate medical attention.
You are to be given proper and adequate food and water during
detention.

5.5 How long may the Police detain you
The Police may only detain you up to 24 hours for investigation.
The duty of the Police is to complete investigations within 24 hours
and to release you as soon as possible. If the Police cannot complete
investigations within 24 hours, the Police must bring you before a
Magistrate for a remand order to extend your detention beyond
24 hours (Remand Order).

6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS
6.1 Who is a Magistrate
A Magistrate is a judicial officer. He/She has the power to make a
Remand Order to detain you for more than 24 hours.

6.2 Purpose of a Remand Order
It is to give more time to the Police to complete their investigations
and decide whether there is evidence to charge you for an offence.
The Police cannot ask for a Remand Order only for the purpose of
taking a Statement from you.

6.3 How long is a Remand Order
When the Police bring you before a Magistrate for a Remand Order,
the Police must give reasons to the Magistrate why it is necessary to
detain you for more than 24 hours. The Magistrate's duty is to
consider carefully the reasons given by the Police.
The Magistrate has the discretion:
• not to make a Remand Order and release you; or
• make a Remand Order for a period shorter than that asked for by
the Police.
In any event, the Magistrate has the power to make a Remand Order
of not more than 4 days or 7 days depending on the offence being
investigated. The Police may return at the expiration of this time
period and apply for a 2nd Remand Order. The Magistrate may make
a 2nd Remand Order of not more than 3 days or 7 days depending
on the offence being investigated.

6.4 What to say when you are brought before a Magistrate for
remand
Tell the Magistrate:
• you want legal representation and you want to contact your lawyer,
the LAC and your family;
• you want medical treatment because you are sick or have been
beaten;
• if the Police had threatened or beaten you during detention;
• if you had been denied proper and adequate food/water/clothing,
the toilet or necessary medical attention during your detention;
• whether you have been detained previously immediately before
your current detention;
• whether the Police had carried out any investigations during your
detention.

6.5 Ask for a shorter Remand Order from the Magistrate
Before the Magistrate makes the Remand Order, ask for a shorter
remand period asked by the Police. Give reasons (Example: "I will
co¬operate with the Police in their investigation", "I will be available
and will not run away" etc).