Detention of arrested persons
In general, the rights of a person under detention are set out in a document called "Notice to Persons in Custody". This document should be prominently displayed inside any interview room of a police station. The police should also explain to the detained person the basic contents of this document before the interview, and should give a copy to the detained person. The detained person's rights include:
- Requesting that the detained person's relatives or a friend be informed of the detention;
- Asking for a list of solicitors;
- Asking to be released on bail;
- Being provided with drinking water upon request, adequate food and refreshment free of charge, as well as medical care if necessary;
Provided that there is no unreasonable delay or hindrance will likely be caused to the processes of investigation or the administration of justice, the following additional rights are available to a detained person:
- Communicating and consulting with a legal adviser in private;
- Communicate privately or refuse to communicate with a solicitor or barrister claiming to have been instructed by a third person on your behalf;
- Make telephone calls or email or faxes to friends or relatives;
- Have a solicitor or barrister present during any interview with the police;
- Be provided with a supply of writing materials;
- Request to have letters posted or delivered as soon as practicable at the detainee’s expense;
- Be supplied with a copy of cautioned statements or questions and answers under caution as soon as practicable after the interview, if not the detainee can refuse to answer subsequent questions;
- Request to be provided with food/refreshment at the detainee’s own expense.
Young persons are also entitled to the same rights as adults when being detained. They will also be accompanied by their parent or legal guardian.