KNYSNA NEWS - Most individuals tend to believe they will never face the prospect of arrest as they are law abiding citizens.
While this may be the case, it is sensible to always be well-informed of your rights, and what you may or may not do so that you can enforce your rights in the event of an arrest.
A person may be arrested either on the strength of a warrant of arrest, or when a police officer witnesses a person committing an offence, or has probable cause to believe a person was involved in the commission of a crime.
When approached by a police officer, one should remain calm. Do not flee or allow your first response to be an aggressive one. Offer your cooperation to the officer, do not resist arrest and never offer to pay a bribe. Should arrest be resisted, then reasonable force may be used by the officer to affect the arrest.
You have the right to be informed of the charges on which you are being arrested. Most importantly, you have the right to remain silent, to be informed promptly of such right and the consequences of not remaining silent. Any information uttered or willingly given to an officer may be used against you in court.
Once arrested you are required to tell the police only your home address. A police officer may not request any further information from you, including in respect of your activities or organisations you are involved with.
After an arrest you will, more often than not, be detained at a police station. In detention you may be searched. You may, however, not be searched without your consent and a person of the same sex should conduct the search.
The police have the right to take your fingerprints and take photographs.
Be informed promptly of the reason for being detained.
Choose to, and consult with an attorney of his/her choice and to be promptly informed of such right.
Be contained in conditions that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.
Communicate with, and be visited by, the person's spouse or partner, next of kin, chosen religious counsellor, and chosen medical practitioner.
The police must inform a detainee of these rights and when informed it must be in a language that the person can understand.
Contrary to popular belief, a person does not have the right to immediately make a phone call or see a lawyer. You have the right to be detained in conditions that are consistent with human dignity and to communicate with the abovementioned people.
Conditions such as unsafe holding cells are not in line with the right to be kept in conditions that are consistent with human dignity.
For minor offences "police bail" can be granted or the police may release you on a warning. In the case of police bail the investigating officer will propose an amount for bail and an agreement should then be reached on the amount of bail. After payment of this amount the arrested person may be released from custody.
There should always be an officer on duty of sufficient rank to make the decision to grant or refuse police bail. The officer to whom the request for bail is made must apply his/her discretion in a reasonable manner.
Importantly, remember your rights upon arrest and seek the assistance of a legal representative as soon as possible following arrest.
Article by Sabelo Hlohla
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