10 Rights of arrested person (definitive guide)

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This post covers everything you need to know about rights of arrested person

Once an individual is suspected of having committed an offense, the means through which he can be brought to appear before the court of law is either by arrest or issuing the summons.

An arrest can be either with or without a warrant, depending on the nature and gravity of the offense.

Here I will share with you the rights of an arrested person.

Meaning of Arrest?

According to Webster’s new world, law dictionary Arrest is the intentional deprivation, whether actual or constructive, of a person’s freedom by legal authorities using forcible restraint, seizure, or otherwise taking the individual into custody, especially in response to a warrant or a suspicion based on probable cause that the person being arrested has committed a crime.

Rights of the arrested person.

The following are the rights of the arrested person.

The Fifth, Sixth, and Eighth Amendments of the “Bill of Rights” of the United States Constitution outline the fundamental rights of a citizen who is detained.

rights of arrested person

Right to Be Informed of the Name and the Rank of the Arresting Officer

The arrested person has the right to be informed of the name and the rank of the arresting police officer and this information has to be provided in the language that the arrested person is fluent in writing and if practicable orally.

This information has to be given before the police officer asks any question connected with the investigation of an offense, and if this information is not provided to the arrested person he has a right not to answer any of the questions asked by the arresting police officer.

However, the arrested person is obliged to provide his name and address after this introduction by the arresting police officer.

Right To Be Treated By Humanity

The arrested person while under restraint has the right to be treated with humanity, and respect for human dignity, and shall not be subjected to any cruelty or degrading treatment.

This is in regard to situations where the arrested person seeks medical assistance from the police officer while under restraint.

Right To Communicate With His/Her Loved One

The arrested person also has the right to be provided with reasonable facilities for communication, in this, he is allowed to communicate with his or her relatives, and a lawyer when necessary.

You have the right to contact an attorney of your choice and a member of your family via phone or other means within a reasonable period of time after being taken into custody.

This right to communicate is restored in the event that you are moved to a new location of custody.

Right To Be Interviewed Within Four Hours From The Time He Was Arrested

The arrested person shall be interviewed within four hours from the time he was arrested.

When the interview exceeds the said time it is regarded as being harsh unless an application is sent to the magistrate for further extension of that period that should not exceed eight hours.

In the said interview the arrested person has the right to remain silent during such interrogation.

Right to Be Informed Of The Grounds Of His Arrest And The Offence

The arrested person has a right to be informed of the grounds of his arrest and the offense at the time of being arrested and by the person who arrests him and it is not necessary for this arresting person to do so in the language of a precise or technical nature.

The exception to this is if by reason of circumstance in which a person is arrested that he is ought to know the substances of the offense for which he is arrested or unless by reason of his actions during arrest makes it impracticable for the person effecting the arrest to inform him of the offense for which he is arrested.

Right to Legal Representation

This means that an arrested person has a right to be represented before the court of law because it is not every man that has the ability to defend himself on his own.

Right to Be Granted Bail

As the general rule bail is a constitutional right and not a privilege. An arrested person has a right to be granted bail, and the bail can either be a police bail, bail pending trial, or bail pending appeal.

All this depends on the nature of the offense as there are some offenses that are not bailable for example murder and treason.

Apart from that, there are the basic rights to which any restrained person is entitled.

That right includes entitlement to a fair hearing, the right to appeal, the right to be treated inequality as human beings, and the protection of human dignity, and they should not be subjected to torture or inhuman punishments or treatment.

See also: why the court may refuse to grant bail to someone?

Right to remain Silent

A police officer or anyone else cannot lawfully force you to talk, respond to questions, or sign any documents. 

Threats, protracted questioning, or any other sort of coercion that compels you to divulge incriminating information can be used against you in court.

Right to an itemized receipt for your properties

After being taken into custody, you have the right to an itemized receipt for any cash or other items confiscated from you.

Right to be taken to court without delay

The apprehended person should be presented without undue delay before the county’s closest and most accessible judge, regardless of whether the arrest was made with or without a warrant.

Conclusion

The discussion above reveals the basic rights of an arrested person.

The rights of an arrested person include; the right to be informed of the name and the rank of the arresting officer, the right to be treated with humanity, the right to communicate with his/her loved one, the right to be interviewed within four hours from the time he was arrested, right to be informed of the grounds of his arrest and the offense, right to legal representation and right to be granted bail.

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Isack Kimaro
Isack Kimaro

Holder of Bachelor of Laws (LL.B) and Post Graduate Diploma in Legal Practice. I am dedicated to providing valuable and easy-to-understand legal information for individuals at all levels of understanding. Whether you are a layperson looking to increase your knowledge, a law student striving to excel in your studies, or a practicing lawyer wanting to expand your expertise, I am here to help. I'm not creating content, I'm creating awareness to empower you to take control of your legal understanding and achieve your goals.