Answer to Question #215010 in Law for Jabu

Question

Explain in your own words the guidelines provided in the Judges rules on questioning someone who is already under arrest or in custody.

Answer 1

All persons detained in police custody should have a presumptive right to police bail or bond. States shall ensure that competent authorities and officials within the state’s criminal justice system authorized to grant police bail or bond make decisions based on the criteria set out in Part 3 of these Guidelines. If detention in police custody is determined by the competent authority to be absolutely necessary:  All persons arrested and detained have the right to prompt access to a judicial authority to review, renew and appeal decisions to deny police bail or bond. The maximum duration of police custody, prior to the obligation to bring the arrested person before a judge, shall be set out in national law that prescribes time limits of no more than 48 hours extendable in certain circumstances by a competent judicial authority, consistent with international law and standards. Persons in police custody shall have access to confidential and independent complaints mechanisms while in custody.