What are your rights when you get arrested?

A person may be arrested either on the strength of a warrant of arrest or when a police officer witnesses a person committing an offence or has probable cause to believe that a person was involved in the commission of a crime, according to the South African Police Services (SAPS) website.

SAPS advises the following: Remain calm when approached by a police officer. Do not flee or allow your first response to be an aggressive one. Offer your co-operation to the officer, do not resist arrest and never offer to pay a bribe. Reasonable force may be used by an officer to affect the arrest should arrest be resisted.

Tips when being arrested:

• Be presumed innocent until proven guilty
• When a police officer arrests you, ensure a reason for arrest is given
• You have a right to be treated fairly and with respect by the police
• You have the right to remain silent, after giving your name and address
• You have the right not to be forced to make a confession
• You have the right to an attorney (personal or state appointed)
• The police should inform you of your rights in a language you understand.

When detained:

• You may not be searched without your consent and a person of the same sex should conduct the search
• You have the right to be held in decent conditions
• You have the right to be visited while in jail
• You have the right to proper food and water
• You must appear in court before a Magistrate within 48 hours of arrest. If you are arrested on a Friday evening, you must appear on the Monday
• By the first court appearance, you must have been charged with a specific crime
• At the first court appearance you must have a bail hearing.