Arresting procedure, my rights and obligations

Detention of arrested persons

In general, the rights of a person under detention are set out in a document called "Notice to Persons in Custody". This document should be prominently displayed inside any interview room of a police station. The police should also explain to the detained person the basic contents of this document before the interview, and should give a copy to the detained person. The detained person's rights include:

  • Requesting that the detained person's relatives or a friend be informed of the detention;
  • Asking for a list of solicitors;
  • Asking to be released on bail;
  • Being provided with drinking water upon request, adequate food and refreshment free of charge, as well as medical care if necessary;

Provided that there is no unreasonable delay or hindrance will likely be caused to the processes of investigation or the administration of justice, the following additional rights are available to a detained person:

  • Communicating and consulting with a legal adviser in private;
  • Communicate privately or refuse to communicate with a solicitor or barrister claiming to have been instructed by a third person on your behalf;
  • Make telephone calls or email or faxes to friends or relatives;
  • Have a solicitor or barrister present during any interview with the police;
  • Be provided with a supply of writing materials;
  • Request to have letters posted or delivered as soon as practicable at the detainee’s expense;
  • Be supplied with a copy of cautioned statements or questions and answers under caution as soon as practicable after the interview, if not the detainee can refuse to answer subsequent questions;
  • Request to be provided with food/refreshment at the detainee’s own expense.