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.
In arrest, it 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?
- Rights of the arrested person.
- Right to Be Informed of the Name and the Rank of the Arresting Officer
- Right To Be Treated With Humanity
- Right To Communicate With His/Her Loved One
- 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 Offence
- Right to Legal Representation
- Right to Be Granted Bail
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.
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 to 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 With Humanity
The arrested person while under restraint has the right to be treated with humanity, respect to 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.
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 affecting 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 to.
That right includes entitlement to a fair hearing, the right to appeal, the right to be treated inequality as human beings, protection of human dignity, and that they should not be subjected to torture or inhuman punishments or treatment.
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, 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.