What to do when police arrest you?

1st stage (you are outside):
There are two types of arrest, namely, arrest with warrant and without warrant.

Politely ask, “Am I under arrest?”

Immediately after the police inform you that you are under arrest, you have the right to ask, “Why am I under arrest?” If he does not tell you the reason, the arrest is unlawful.

Do not resist a lawful arrest as the police have the right to use reasonable force to arrest you if you resist. The police will immediately take you to the nearest police station and no other places.
Once you are arrested, the police may detain you up to 24 hours for the purpose of investigation. You may be detained at the police station or in a lock-up.

2nd stage (you are in the police station or lock-up):
a) You have the right to be informed reason of your arrest
The police must inform you of the reason of your arrest as soon as possible.

b) You have the right to contact lawyer
GENERAL RULE: S.28A Criminal Procedure Code states that the police must inform you that you may contact your lawyer. The police shall allow a reasonable time for your lawyer to be present to meet you and allow for the consultation to take place.

Thereafter, only the police can begin any questioning or recording of any statement from you.

EXCEPTION : the police may not allow you to exercise this right if he reasonably believe that:
i) it would result in an accomplice taking steps to avoid apprehension; or
ii) it would result in the concealment, fabrication or destruction of evidence or the intimidation of a witness; or
iii) having regard to the safety of other persons, the questioning or recording of statement is so urgent that it should not be delayed

c) You have the right to contact family, relative or friend
GENERAL RULE: You can contact your family, relative or friend and inform them that:
i) you have been arrested
ii) the time, place and reasons of your arrest
iii) the identity of the police officer who arrested you
iv) the police station where you are being detained
v) the duration of your detention

EXCEPTION: the police may not allow you to exercise this right for the reasons similar to the above.

d) You have the right to remain silent
You may choose not to answer the questions asked by the police and say you will answer in court. The police have no right to force you to answer the questions.

f) You have the welfare right such as:
- to have one set of clothing on you
- to take bath twice in a day
- to have proper and adequate food and water
- to have medical treatment if you are sick

g) You have the right to have safe custody of your personal belongings and they must be returned to you upon your release

3rd stage (after 24 hours of detention):
The police may either:
a) release you immediately; or
b) produce you before a Magistrate for a remand order in order to detain you further

How long can a remand order be granted by a Magistrate:
S.117(2) CPC provides that:
If the offence is punishable with imprisonment of less than 14 years:
the detention shall not be more than 4 days on the first application and 3 days on the second application.

If the offence is punishable with death or imprisonment of more than 14 years:
the detention shall not be more than 7 days on the first application and shall not be more than 7 days on the second application.

© 2008 Edwin Lee