What to do when you’ve been arrested
Arrest
So you’ve been out partying on a Saturday night. All of a sudden, you see flashing lights in the rearview mirror. Everything moves so quickly and before you know it, you've been cuffed and thrown into the back of a police van. Here’s everything you need to know about what the law says about your arrest.
An arrest can be carried out as a result of a warrant or if a police officer witnesses you committing a crime. When someone is arrested, they are presumed to be innocent until a court finds them guilty. The South African criminal justice system does not allow for an accused to be detained without a trial. Supposing that an accused is arrested, they are first detained at the police station in the holding cells and maybe even in prison pending the finalization of their trial. The purpose of this is to ensure that the accused attends their court case and does not evade trial.
Your rights
Upon arrest, the members of the South African Police Services should inform you of your rights and the reasons of your arrest. At this stage, we highly recommend that you exercise your Constitutional right to remain silent. Inform SAPS that you do not wish to make a statement at this stage and will do so at a later stage once you have consulted with your attorney. Generally, you are then taken to the police station, an investigating officer is appointed to your docket. The investigating officer will charge you, record your particulars , as well as your finger prints and photographs. You also have the right to consent to being searched and that such search is performed by a police officer of the same sex as you. Finally, you have the right to legal representation and to communicate with your family.
The police station
If you’re sitting in police custody, there are two options for your release: i) police bail or ii) bail in the normal course. Police bail means that you are required to pay a stipulated amount for your immediate release at the police station. In reality, this involves negotiating your release with the investigating officer and a prosecutor, who will determine the severity of the alleged offence. If you are successful, you can be released and directed to appear in court on a stipulated date. If police bail doesn’t work, you have the right to appear before a Magistrate within 48 hours of your arrest. At this first appearance, you may be granted bail and released. However, if your alleged crime is serious in nature, your bail may be refused.
At your appearance, you have the option to apply to court to either be released on warning, released on warning with certain conditions being imposed on you or on be granted bail (with or without specific conditions). In order to do this, you’ll need a good lawyer who will argue on your behalf!
What is bail?
Bail is a sum of money that is paid in court or at the police station, for an accused to be released pending the outcome of their trial with or without certain conditions attached to the bail. These conditions may include the imposition of a curfew, attending at a police station number of times a week or any other conditions that a court determines to be necessary.
An accused who is in custody in respect of an offence shall be entitled to be released on bail at any stage preceding their conviction in respect of such an offence if the court is satisfied that the interests of justice permit.
Conclusion
Being arrested is a stressful situation. Especially if you have never encountered the South African criminal justice system. However, if you have knowledge of your rights and remain calm at all times, you will be fine. However, in this new technological age, we recommend knowing important phone numbers off by heart in case you don’t get to keep your cellphone with you. Importantly, remember your rights and remain silent at all times because at the end of the day, no matter what you’re accused of, the State has to prove that you are guilty beyond reasonable doubt!