Article 61

Upon the first appearance of the arrested person in Court, the Court shall:

ascertain whether the provisions of Articles 31 through 35 of Chapter 1 were followed in making the arrest;

ascertain whether there has been any unjustifiable delay in bringing the arrested person before the Court;

make a determination on pre-trial release according to Article 69 and, if appropriate, set the conditions of pre-trial release according to Article 70;

inform the arrested person of the reasons for his arrest and appearance in Court and that charges may be filed against him;

advise the arrested person that he has a right to be represented in proceedings against him, that the Court may appoint counsel to represent him pursuant to Articles 27 and 28 and that he has a right to an interpreter pursuant to Article 7; and

ascertain in cases where an arrest has been made without a warrant, whether there are reasonable grounds to believe that the accused committed the offence for which he was arrested.

If the Court determines that an arrested person is entitled to appointed counsel pursuant to Article 28, it shall adjourn the proceedings to allow for counsel to be appointed to represent the arrested person. The Court may order the release of the person or may defer making a decision on the arrested person’s pre-trial release, until counsel has been appointed and appeared on the person’s behalf.

If the Court has a reasonable belief that a violation has occurred pursuant to its inquiry under sub-Article (1) (a) or (b), it shall:

cause criminal proceedings to be instituted against the person or persons responsible, if such violation amounts to an offence under the Penal Code, by referring the matter to the Attorney General’s Office; or

order that disciplinary action be taken by the competent authority against the person or persons responsible, if the violation does not amount to an offence;

order, if the Court finds it necessary, the immediate release of the arrested person or direct any inappropriateness towards proper procedure; and/or

take any other measure that the Court finds necessary under the circumstances.

The Court shall keep a record of the actions that it takes in accordance with this Article.

The provisions of sub-Article (3) shall be without prejudice to the accused person’s rights to institute claims for damages caused to him as a result of the violation.