Being arrested is a stressful experience
and therefore it is important to know your rights and what steps you can take
to protect yourself.
Section 35 of the Constitution sets out the
various rights that a accused person has when he or she is arrested.
First of all, you have the right to legal
representation and the right to remain silent. As such no member of the South
African Police Service can force you to make any statement and it is advised
that you seek the aid of an attorney before making any statement to the police.
Further it is important to know that you
have the right to be brought before a court with 48 hours of your arrest. The
48 hour time period can, however, be extended in cases where the courts are not
open, such as weekends or public holidays.
When you are arrested, the arresting
officer is obliged to inform you of the charges and your right to remain
silent. Thereafter you will be charged, which includes noting your personal
details and taking your fingerprints.
Once you have been formally charged and
depending on the offence, you can apply for bail.
A bail application can either be made at
the police station or in a court, depending on the nature of the offence. If
you qualify for what is called police bail, you will be released after you paid
the bail amount and will be warned to appear in court on a specific date.
The details of your court appearance will
be given to you on a bail receipt, which must be safeguarded until the criminal
trial is concluded.
In conclusion, if you are arrested it is
important to stay calm and refrain from being difficult with the arresting
officers. You cannot be forced to make any statements and if you choose to do
so, it is advised that you first seek legal advice.
For assistance on these matters and any
other legal matters please contact us on 011 897 1900, 076 777 1920
or info@tuckers.co.za
Article contributed by Tiaan Vermeulen
of Tuckers attorneys.