Wrong Side Of The Law: Do you know what to do if you’re arrested?

WRONG SIDE OF THE LAW: Do you know what to do if you’re arrested? Knowing what the three primary types of bail are could spare you spending time in a jail cell.

You could be on the receiving end of a phone call informing you that a friend or family member has been arrested.

Do you know what the legal process is in the event of an arrest? Do you know what options are available after an arrest or even a conviction?

You’ve just been arrested, what now?

Respect the process

If pulled over, you have the right to request the officer’s identity card. If an officer does not present it, they’re contravening the Criminal Procedure Act,  .

You have the right to be treated with respect .

If arrested, your first call should be to a lawyer and then to a family member. You will be monitored and what you say or do can be held against you in the event of a court trial.

There are a few bad examples but most Law enforcment perform the critical task of removing lawless road users from our roads.

“In doing so are they’re protecting you and our loved ones. Treat each other with respect and never be confrontational.”

Police bail

Police bail, is usually fixed after hours by the particular police station where the arrested person is detained. Police bail is possible when a person is accused of a “less serious” charge such as common assault or theft. This type of bail can only be fixed if the applicant has no prior criminal history or pending cases. If police bail cannot be granted, the police may, according to the law, detain you for up to 48 hours.

Prosecuter’s bail Prosecutor’s bail is determined by police stations. This type of bail can be fixed for more serious offences (culpable homicide, assault with the intent of grievous bodily harm etc). Prosecutor’s bail may not be fixed for offences such as murder or rape. The process is the same as police bail though a state prosecutor has to be present during bail fixing. Arrive Alive said: “A list of the particular state prosecutors and more specifically which prosecutor is on duty, can be found at your nearest Magistrate’s Court.” “It is important to remember that the investigative officer as well as the prosecutor’s permission is required for this type of bail.”


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