What to do when you are arrested

Arrest

A police officer does not need a warrant to arrest you if:

  • Police Officer sees you committing a crime or attempting to commit a crime;
     
  • You are reasonably suspected of having committed a crime;
     
  • You are in possession of a tool for housebreaking or breaking into a car, or for committing any other crime;
     
  • You are in possession of suspected stolen property or in possession of illegal goods;
     
  • You have escaped from custody;
     
  • You are found in a place at night where it seems that you may be attempting to commit a crime.
     

When arrested the police officer must:

  • Read you your rights and explain to you what do they mean, e.g. right to remain silent, right to appear before court, right to a legal representative, right to apply for a bail.
     
  • The above should be done in the language that you understand.

When you are arrested, you do not have to say anything, sign anything, or give any written statement to the police, or to anyone else. You may ask to see a lawyer, or to contact a family. You have the right to remain silent if you choose.

Arrest Using Force

A suspect should be arrested without the use of force. However, when the suspect tries to resist being arrested, or runs away in order to avoid being arrested, then the police may use reasonable force to arrest that person.

 

 

 

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Bloemfontein
9300

Tel: +27 (0)51 409 8849/50 Fax: +27 (0)51 409 8866