POLICE are required to serve as guardians of law and order, but how do you react when police approach you?
Do you know your rights?
If you are approached by a police officer wanting to detain you, remain calm and cooperate.
Don’t try to flee, become aggressive or offer a bribe.
Remember, if you try to resist arrest, the officer may use reasonable force to arrest you.
When being arrested, note that:
• You have the right to know the grounds for the arrest (the charges)
• You have the right to remain silent (you should be told as such, as well as be informed of the consequences of not remaining silent – for instance that anything you say to an officer may be used against you in court)
• You may not be forced into making a confession
• You may request to appear in court as soon as is possible (within 48 hours at most, depending on court days and day of arrest)
• You may not be pressed by police for personal information (such as organisations you are involved with) other than your home address.
• Once detained, the police have the right to take your fingerprints and photograph.
Your rights are as follows:
• You can only be searched with your consent, and you may ask that a same-sex officer conduct the search
• You must be told of your rights and the charges in a language you understand
• You have the right to see a lawyer or attorney of your choosing. If you cannot afford one, the state must appoint a legal representation for you
• If you are being questioned, you are entitled to see an attorney; you have the right to refuse to say anything until you have met with your legal representative
• You have the right to be held in such a way that upholds your human dignity, with adequate accommodation, nutrition, exercise, reading material and, if relevant, medical treatment
• You may receive visits and communicate with your spouse or partner, next of kin, religious counsellor and medical practitioner
• You must be presumed innocent until proven guilty.
• The police may release you with a warning or you may be granted police bail, provided an officer of sufficient rank is available to grant or deny it.
