What information should I seek from arresting officers if I have not seen a lawyer?

You may wish to ask:

• When you can see a lawyer and whether the state will provide one;
• When you are first scheduled to go to court;
• Whether you will be held by the police before you go to court;
• How long you can legally be held by the police before-
  (a) they formally tell you what the allegations are against you, and
  (b) your trial begins.

If the officers intend to hold you may wish to ask:

• When you can apply for bail;
• How regularly you will appear in court for a judge to review the police decision to keep you in custody;
• Whether the investigation against you is complete and, if not, when it will be completed;
• Your rights

Make sure you pass this information on accurately to your lawyer, your family and anyone else who is assisting you. Please be aware that in some countries the police officers are not allowed to answer your questions. It is also possible they may say something which is not entirely accurate. You should always confirm what arresting officers tell you with your lawyer.

This is not a substitute for legal advice and, because every case is different and legal systems around the world vary so much, we cannot guarantee that the answers will be applicable to your own case. For advice about your own situation, you should talk to a lawyer qualified in the jurisdiction where you are being prosecuted.

The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials International makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials International disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided.

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