Quite often we may find ourselves on the wrong side of the law whether we are guilty or not rests with the judicial officers in the courts.
Let’s talk about Arrest.
What do you do during arrest?
It occurs when a police officer states in terms that he/she is arresting you or when he/she uses force to restrain you from your liberty.
Should the person to be arrested forcibly resist arrest or attempt to escape, the police or the person arresting you may use all means necessary to effect the arrest, however this does not justify the use of greater force than necessary in that particular circumstances.
Article 49 of the constitution expressly provides for the rights of arrested persons.
Read article 49 below thoroughly, you never know when it may come in handy know your rights…
“(1) An arrested person has the right–
(a) to be informed promptly, in language that the person understands, of–
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than–
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.“
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