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| Legal Subjects > Criminal Law > Arrest | |||||
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Main Category Related Topics WHAT SHOULD I DO IF I'M ARRESTED OR TAKEN TO A POLICE STATION ?It is important to remember that anything you say or do can be used against you. Stay calm and don't get into an argument with the police officer or make any statement about the alleged crime. If possible try to find witnesses and write down their names and contact information. In any criminal case, you cannot be a witness against yourself. In fact you should write down everything you remember as soon as possible including the time and date. Don't rely on your own memory. Remember police officer's badge and police car numbers. If the police officer has violated their powers, don't complain on the scene. File a written complaint with the Police department internal affairs division afterwards. In the eyes of the law you are presumed innocent until found guilty in court, so you do not have to submit to questioning. Only provide them with your name, address and Identity card number. Tell the police officer immediately that you want a lawyer. This is your legal right under the Federal Constitution. The police officer have to let you call your own lawyer and or family or even call your friends or family to get a lawyer for you. You have the right to remain silent before your lawyer arrive and before you talk to the police officer. If you should decide that you must answer some questions the police officer ask before your lawyer arrive, always tell the truth. A lie can be used in court to prove that you are a person who tell lies to get yourself out of trouble. Don't try to give explanation or reasons without a lawyer. After you and your lawyer have decided what is best, you make your defense in the court. You can defend yourself in court but then even lawyers, if they are accused of crimes, normally hire lawyers to defend them. Only answer to police questioning with a lawyer. It may be better off letting your lawyer to do your talking for you. Don't try to bribe the police officer. It is an offence you can be charged with. Nevertheless, the police office can promise to offer a deal if you cooperate and answer their questions. Remember, verbal agreement is useless. If your case reaches that point, it is up to your lawyer to negotiate with the prosecuting lawyer. Under certain circumstances, you can be released without bail, or have bail lowered. Your lawyer can ask the judge about this possibility. There is also non-bailable case, where bail is prohibited and is only available at the discretion of the Court or police officer in charge of the police district. In such case, you may be kept in remand until trial. HOW LONG CAN I REMAIN IN POLICE CUSTODY ?Unless a remand order has been obtained earlier, a police officer cannot detain you more than 24 hours. That excludes the time taken for the journey from the place of arrest to the Magistrates Court. A police officer who has taken you into custody must take you before a magistrate to be charged within 24 hours after your arrest. Where more time is needed for the police investigation, the police officer must produce you before a Magistrate to request permission to detain you further for a term not exceeding 15 days in a whole. If the police officer deem further detention is unnecessary, you will be released on bail to ensure your appearance in court at an appointed date. You should note that there is non-bailable case, where bail is prohibited. The police officer may also detain you up to 60 days on suspicion upon ministerial satisfaction that you may be fit to be detained under the authority of the minister for up to 2 years each time. Any violence used by the police officer to you in his custody is punishable under the Police Act 1971. You can file a complaint with the Police department internal affairs division if such situation happens.
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