The police can hold a person who has been arrested for a specific period of time under certain circumstances. The duration of the detention depends on the nature of the offence, the grounds for arrest, and the investigative needs of the case. Here are some key points to understand:
- Initial Detention: When a person is arrested, the police can initially detain them for up to 24 hours without bringing them before a court. This is known as the initial detention period.
- Extension of Detention: If the investigation requires further time, the police can apply for an extension of the detention period. The decision to grant an extension is made by an authorised officer and is subject to judicial oversight. The maximum extension periods depend on the offence:
For most offences, the maximum extension is up to 36 hours from the time of arrest. b. For certain serious offences, such as terrorism-related offences, the maximum extension is up to 48 or 96 hours, depending on the circumstances. - Detention Review: At various stages during the detention, the police must review the need for continued detention. These reviews are conducted by an officer of higher rank and provide an opportunity for the detainee to challenge their detention.
- Charge or Release: After the maximum detention period has expired, the police must either charge the person with an offence or release them. If the police require additional time for investigation, they may apply to a court for further detention through a process known as a “magistrates’ court detention extension.”
It’s important to note that these time limits are subject to specific legal provisions, and there are exceptional circumstances where the police can apply for further detention beyond the maximum periods. It’s advisable to seek legal advice if you or someone you know has been arrested to understand the specific rights and procedures applicable to your situation.