Arrested? Here's What You Need to Know About Your Rights
- The insightful Pineapple
- Mar 20, 2024
- 4 min read
Updated: Apr 15, 2024
20 March 2024
The flashing police lights, the daunting police siren, and finally, the cold feeling of metal handcuffs wrapping around your wrists. The dreadful fear that is like a pit in your stomach. Your mind goes blank, and you don't know what will happen next. Well, lucky for you, here is a blog about what your rights are when you get arrested in South Africa.
When the cuffs are on your wrist, all you want to do is beg, plead, and try to strike a bargain with the police officer. Please, please keep your mouth shut. The line from movies: “you have the right to remain silent, anything you say can and will be used against you.” That applies to real life in South Africa. Your first right that you have is to stay silent because remember innocent until proven guilty, so by keeping your mouth shut you can minimize the ripple effect to an extent. It is also within your rights to hear them in a language that you can understand.
Then your second right is to be informed as to remain silent and the consequences should you not remain silent. Basically, you need to have your rights read to you by the arresting police officer. According to the SAPS, these are your basic rights: “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.” So, it is essential that you keep your mouth closed and remember if they read you your rights or not.
Your third right when you are arrested is that you do not have to make any statement, submission, or provide any evidence, as this can be used against you. This means that while you are on the way to the station, you don't have to say anything or confess to anything. It is critical to remember that you are innocent until proven guilty. According to Harrington Johnson Wands Attorneys and Conveyancers, “It is important to note that it is not up to any individual police officer to determine a person’s guilt, but rather to gather evidence proving that you have committed an offense.” So, staying quiet you can have a stronger case.
Please note that the only details they may ask for are your home address; this is according to the SAPS. So providing them with your workplace, telephone number, or any other information is not legal; this means stay quiet and only tell them where you live.
The next right that every detained person has is that they need to be brought before a court within 48 hours of being arrested. Please do note that this is not applicable on Weekends, meaning if you are arrested on Friday night, you will likely be detained until Monday.
Your next right is the right to seek out legal counsel; you have the right to phone your lawyer before making any statement to the police. You are allowed to speak to your lawyer as they can then prepare for your court case the following day.
Your right while being arrested is to be held in conditions that are consistent with the right of human dignity. This means you should have access to exercise, reading material, medical treatment, and to be provided food while you are being detained; this is at the expense of the state. Just because you are arrested it does not mean that you should be treated like you are not a human. This is according to section 35 of the constitution.
Then your final right while being arrested is the right to a fair trial. This means that you need to have a court date where your lawyer will make your case for you. It also means that you are innocent until proven guilty.
Now what to expect while you are detained at the police station?
The SAPS reserve the right to strip search you once you are detained. Yet you need to provide them with consent, and someone from the same gender needs to search you. They also have the right to take your fingerprints and photographs for your docket.
The next right is critical; you have the right to be informed of the reason as to why you are detained, if you shoplifted and got caught you should know, but otherwise, they need to inform you as to why. As this will help you when you consult legal advice. You can also ask for a state-provided legal attorney to take charge of your case. This is according to the SAPS, “should such a person not have the means to appoint an attorney of choice, to have a legal practitioner assigned by the state at the state’s expense and to be promptly informed of such rights.”
Did you know that you have the right to be visited by your spouse, partner, next of kin, a religious counsellor, or medical practitioner? This means that while you wait, a loved one can come and check up on you.
In some instances, a person is allowed bail while they are being detained. This is usually defined by the police officers. And it is dependent on your crime. Most offenses have a R1000 bail set. Normally they take cash, as you can claim the money back once your case is handled. It is also within your right to be charged and released, whether with a warning or through bail.
Now your court date is here; what can you expect?
You arrive at the magistrate’s court, and your legs are wobbly. But you have the right to a fair trial. During your hearing, the charges will be officially placed against you, and you can pay bail; this is if you have not yet paid for it. Here your lawyer will start to make a case for you. You will also receive your first trial date.
What are your rights if you were unlawfully arrested or your human rights were infringed?
Yes, you have the right to lay a civil claim of damages due to loss of money earned or rights infringed. It is important to note that you will need legal assistance when it comes to this.
Please note this is written based on research completed:
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