{"schemaVersion":1,"recordType":"legal-explanation","id":"arrest-rights","sector":"justice","title":"Rights at arrest","intro":"The Criminal Procedure Code states a warrant-first rule and specifies information and notice that police must provide when making an arrest.","answer":"Unless another law expressly allows otherwise, arrest or detention requires a court warrant. At arrest, police must state the alleged offence in a language the person understands, state the right to be brought before a court within 48 hours, state the right to counsel, and make a reasonable effort to notify a relative without delay.","steps":[{"number":"1","title":"A court warrant is the default","description":"The Code says no person may be detained or arrested without a court warrant unless law expressly provides otherwise.","citation":"Criminal Procedure Code, Article 29","href":"/law/criminal-procedure-code-2015/article/29/#lead"},{"number":"2","title":"Police state the alleged offence","description":"The arrested person must be informed immediately, in a language the person understands, of the offence for which the arrest is being made.","citation":"Criminal Procedure Code, Article 33(4)","href":"/law/criminal-procedure-code-2015/article/33/#p4"},{"number":"3","title":"Police state two procedural rights","description":"The same provision requires notice of the right to be brought before a Court within 48 hours and the right to counsel.","citation":"Criminal Procedure Code, Article 33(4)","href":"/law/criminal-procedure-code-2015/article/33/#p4"},{"number":"4","title":"A relative is notified","description":"The arresting officer must make a reasonable effort, without delay, to inform a relative of the arrest.","citation":"Criminal Procedure Code, Article 33(5)","href":"/law/criminal-procedure-code-2015/article/33/#p5"}],"exceptions":["Article 32 lists circumstances in which a police officer may arrest without a warrant.","Article 37 allows police-station release before the initial hearing for specified lower-level offences, subject to the stated conditions.","This page describes the 2015 text. It does not verify how these provisions are currently applied in practice."],"scope":{"kind":"legal-text","sourceEdition":"2015","currentPracticeEstablished":false},"source":{"label":"Criminal Procedure Code · Articles 29 and 33","articleHref":"/law/criminal-procedure-code-2015/article/33/","sourceHref":"/sources/criminal-procedure-code-2015/page/43/"},"canonicalUrl":"https://eriatlas.com/sectors/justice/procedures/arrest-rights/"}