Under the new Section 28A of the Criminal Procedure Code which came into force
since September 2007 the rights of an arrested person are : -
• to be informed as soon as may be the grounds for this arrest;
• right to contact a legal practitioner of his choice within 24 hours from the
time of his arrest;
• right to communicate with a relative or friend of his with regards to his
whereabouts within 24 hours from the time of his arrest;
• right to consult with his lawyer and the lawyer is allowed to be present and
to meet the arrested person at the place of detention before the police
commences any form of questioning or recording of any statement from the person
arrested.
However, the right to communicate with a relative, counsel or friend and the
right to consult a counsel of his choice will be refused where there is
reasonable belief that to do so could result in an accomplice of the person
arrested taking steps to avoid apprehension or there would be destruction,
concealment or fabrication of evidence or intimidation of witnesses or where
taking regard to the safety of other persons, the questioning or recording of
any statement should not be delayed.
(ii) REMAND AND INVESTIGATIONS
Section 117 of the Criminal Procedure Code is the mechanism which allows the detention of a suspect for more than 24 hours to enable the police to complete their investigation. Under the new Section 117(2), where investigations cannot be completed within 24 hours from the time of the person’s arrest, the arrested person shall be produced before a Magistrates who shall then authorize the person to be remanded for a period not exceeding 7 days if the offence investigated is punishable with imprisonment with less than 14 years and not exceeding 14 days if the offence investigated is punishable with death or
imprisonment of 14 years or more.
本周最热论坛帖子
楼主
发表于 26-7-2009 03:31 PM
2857 
64
