DOCSLIB.ORG

Factsheet: Pre-Trial Detention

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Factsheet: Pre-Trial Detention Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial not a sanction, but a measure to safeguard a criminal detention should be the exception rather than the procedure. rule. At any one time, an estimated 3.2 million people are Pre-trial detention is only legitimate where there is a behind bars awaiting trial, accounting for 30 per cent reasonable suspicion of the person having committed of the total prison population worldwide. They are the offence, and where detention is necessary and legally presumed innocent until proven guilty but may proportionate to prevent them from absconding, be held in conditions that are worse than those for committing another offence, or interfering with the convicted prisoners and sometimes for years on end. course of justice during pending procedures. This means that pre-trial detention is not legitimate where Pre-trial detention undermines the chance of a fair these objectives can be achieved through other, less trial and the presumption of innocence. It increases intrusive measures. Such measures include bail, the risk of a confession or statement being coerced seizure of travel documents, the condition to appear by torture or ill-treatment and ‘lessens a suspect’s before the court as and when required and/or not to possibilities of defence, particularly when the person interfere with witnesses, periodic reporting to police is poor and cannot rely on a defence counsel or or other authorities, electronic monitoring, or curfews. support to obtain evidence in his favour’.2 Both the UN Standard Minimum Rules for Non- Alongside the general risk of violence from guards custodial Measures (the ‘Tokyo Rules’) and the UN and fellow prisoners, high rates of pre-trial detention Rules for the Treatment of Women Prisoners and also contribute to widespread prison overcrowding, Non-Custodial Measures for Women Offenders (the exacerbating poor prison conditions and heightening ‘Bangkok Rules’) encourage criminal justice systems the risk of torture and ill-treatment. to provide a wide range of non-custodial measures to avoid the unnecessary use of imprisonment. A range of other standards linked to arrest and pre-trial detention are safeguards in their own right, while at the same time protecting arrestees and remand prisoners from torture and other ill-treatment. These include: protection against arbitrary arrest; prompt information about the reasons for arrest and detention; prompt 1 UN Subcommittee on Prevention of Torture (SPT), Report on Benin, 11 March 2011, CAT/OP/BEN/1, para.158. 2 UN Subcommittee on Prevention of Torture (SPT), Report on Paraguay, 7 June 2010, CAT/OP/PRY/1, para.64. www.penalreform.org registration of the arrest including precise information 3. Types and situations of risk about the reasons; identity of the law enforcement officials and the place of detention; prompt access to a 3.1. Insufficient safeguards during arrest judge; habeas corpus; trial without delay; presumption of innocence; separation of pre-trial detainees from The moment of arrest is a particularly dangerous convicted prisoners; regular review of the legality of situation in the context of torture and ill-treatment pre-trial detention; and access to the outside world, as law enforcement officials may coerce a statement including access to independent doctors and family or confession in order to justify the arrest, before visits. the arrestee has had a chance to seek legal representation. Main references Most occurrences of torture take place during police DD International Covenant on Civil and Political detention prior to a detainee’s appearance before a Rights (1966), Articles 9 and 14 judge. In many jurisdictions, this risk is exacerbated by the long periods for which an arrestee can be DD Body of Principles for the Protection of All held at a police station without being brought before Persons under Any Form of Detention or a judge, and by provisions preventing access to a Imprisonment (1988) lawyer during the first day(s) after arrest. DD UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2012) Kazakhstan: Moment of arrest DD UN Standard Minimum Rules for Non-custodial In March 2012, the Constitutional Council of Measures (The Tokyo Rules) (1990) Kazakhstan had to rule on the interpretation DD UN Standard Minimum Rules for the Treatment of Article 16 (2) of the Constitution, according of Prisoners (1957) – Section C – Prisoners to which a person may only be detained for a under arrest or awaiting trial period of 72 hours before being brought before a judge. There had been differing opinions on DD UN Basic Principles on the Role of Lawyers what triggers the start of this time period, with (1990) the prevailing interpretation being that it should DD UN Rules for the Treatment of Women Prisoners start from the arrival of the suspect in a detention and Non-custodial Measures for Women centre or the registration of the detainee. Offenders (The Bangkok Rules) (2010), Rules 57 However, such an interpretation would mean that et sqq authorities could determine – and manipulate – DD UN International Convention for the Protection access to safeguards, by delaying the transfer of All Persons from Enforced Disappearance (for or registration of the arrestee and thereby registration/ documentation) (2007) undermining their protection. In part based on a submission by Penal Reform International Central DD European Convention on Human Rights, Articles Asia, the Constitutional Council established4 that 5 and 6 ‘arrest’ refers to the moment when a person is DD American Convention on Human Rights, Articles apprehended.5 7 and 8 DD Principles and Best Practices on the Protection Lack of information about the nature and cause of of Persons Deprived of Liberty in the Americas the charges, in a language the arrestee understands, further reduces their ability to withstand pressure and DD African Charter of Human People’s Rights coercion, and increases the risk of an infringement of (Banjul Charter), Articles 6 and 7 the right to silence. DD African Commission on Human and Peoples’ Rights, Guidelines for Pre-Trial Detention (in development)3 3 See ‘Experts Meeting on the Development of Guidelines for Pre-Trial Detention’, 14 March 2013. Available at: www.achpr.org/news/2013/03/d78/ <accessed 30 September 2013> 4 Decision of the Constitutional Council of Kazakhstan, 13 April 2012 # 2. Full text (in Russian) available at: www.constcouncil.kz/rus/resheniya/?cid=11&rid=783 <Accessed 30 September 2013> 5 See Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Use of terms, lit. (a), adopted by General Assembly resolution 43/173 of 9 December 1988. 2 Penal Reform International investigations – this temptation increases further, What could monitoring bodies check? when the success of individual policemen and • How is the court notified after the arrest? -women is measured exclusively on the basis of the number of cases they “resolve”. Contrary • How is the moment of arrest defined in law what many believe, in my assessment, it is not so and interpreted in practice? much “political” torture that is problematic – it is • What is the time limit prescribed by law for the everyday extortions of confessions from so- the suspect to be brought before a judge? called “ordinary” criminal suspects.’ (UN Special What activates this time limit? Rapporteur on Torture)6 • Is practice in conformity with the law? Reviewing the criteria of appraisals, as well as • When and how are arrestees informed about improving investigation techniques, has the potential the nature and cause of the charges against to reduce the incidence of abuse, by reducing one them, and of their right to silence? of the underlying motives which can prompt law enforcement officials to resort to torture and ill- • How long can arrestees be held at a police treatment in the first place. station? • Can interrogations take place without the What could monitoring bodies check? presence of a legal counsel? • Is audio- or video recording in place in order • What forensic methods are available to law to monitor and prevent ill-treatment during enforcement other than interrogation? interrogations? • Are law enforcement officials sufficiently • Does a medical examination take place trained in investigation techniques? regularly, in particular upon arrival at a • What percentage of convictions is based on pre-detention facility following arrest and confessions? interrogation at a police station or facility? • What is the system of and criteria for • Does the law prescribe the quashing of appraisal for law enforcement? Does it only evidence obtained under torture or ill- consider the number of crimes handed to treatment? How are such allegations dealt prosecution? with by courts in practice? 3.3. Excessive use and length of pre-trial 3.2. Systemic factors in law enforcement detention Lack of forensic methodology or training in crime Beside other human rights concerns, the excessive investigation techniques both increase the risk of and prolonged use of pre-trial detention in many law enforcement officials resorting to torture and countries contributes to overcrowding, which in ill-treatment in order to close an investigation with a turn frequently results in conditions of detention confession. amounting to torture or ill-treatment.
Load more

Recommended publications
  • Prison Abolition and Grounded Justice
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination.
    [Show full text]
  • COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border by Blaine H
    COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border By Blaine H. Evanson, Daniel R. Adler, and William F. Cole June 19, 2020 The coronavirus is not in your phone. Why travelers’ electronic devices without a warrant should it be used to justify border searches? supported by probable cause, or even without reasonablesuspicion that the traveler has been For the last four years, the U.S. border has exposed to COVID-19 or has violated related been a flashpoint for bitter public policy public health measures. disputes over immigration, the character of the country’s sovereignty, and the nature Such a breathtaking claim of unbounded and extent of constitutionally guaranteed investigatory authority would hardly be civil liberties. Many of these border- unprecedented for CBP. To the contrary, related disputes have receded from public it would be of a piece with CBP’s policy of consciousness as a result of 2020’s trifecta conducting suspicionless searches of electronic Blaine H. Evanson Partner of a presidential impeachment, a global devices—CBP already conducts tens of health pandemic, and racial tension over thousands of such searches every year. And policing. Yet as the country begins to emerge CBP would not be the only law enforcement from COVID-19 lockdowns, America’s agency to sift through digital data in an effort international borders are likely to resurface to trace the spread of COVID-19. State and as a key battleground for civil libertarians local law enforcement authorities have been and law enforcement officials. The cause? trawling through social media posts to arrest The “border search exception,” a little- travelers for violations of social distancing known loophole to the Fourth Amendment’s orders.
    [Show full text]
  • GUIDE for ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, and SENTENCING STAGES (Guide 1 of 3)
    Guide for Families Experiencing the Criminal Justice System GUIDE FOR ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, AND SENTENCING STAGES (Guide 1 of 3) HTTP://WWW.YOUTH.GOV/COIP Families have unique needs and challenges when a parent is arrested. When this happens, family FAMILIES WILL TALK TO MANY members—including the children—are affected. PEOPLE DURING THESE FOUR This guide is the first in a series of three guides STAGES: that cover a family’s journey as the family goes through the stages of, and copes with, a loved • Lawyer or public defender one’s involvement in the justice system. • Judge and court personnel This guide covers the first four stages in the • Probation officer typical criminal justice process, and the other • Law enforcement two guides cover incarceration and reentry: • Jail or detention facility staff • Arrest (entry into the system) • Jail or detention case worker • Jail Time/Detention (prosecution • Child welfare (in some cases) and pretrial services) • Hearing/Trial (adjudication) Families can use the worksheet on the last page of this guide to keep track of • Sentencing (before incarceration) important names, phone numbers, and • Incarceration (Guide 2) e-mail addresses. • Reentry (Guide 3) This guide starts with descriptions and definitions guide. The questions are designed to help of the stages to help families understand the families and caregivers anticipate and respond to legal terms and processes. Having a better thoughts and concerns their children may have. understanding may help families feel less The tips offer suggestions to help caregivers overwhelmed. It may also help families know support and care for the children of parents who what to expect and what will happen next.
    [Show full text]
  • Criminal Procedure in Perspective Kit Kinports
    Journal of Criminal Law and Criminology Volume 98 Article 3 Issue 1 Fall Fall 2007 Criminal Procedure in Perspective Kit Kinports Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Kit Kinports, Criminal Procedure in Perspective, 98 J. Crim. L. & Criminology 71 (2007-2008) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/07/9801-0071 THE JOURNALOF CRIMINAL LAW & CRIMINOLOGY Vol, 98, No. I Copyright 0 2008 by Northwestern University, School of Law Printed in U.S.A. CRIMINAL PROCEDURE IN PERSPECTIVE KIT KINPORTS* This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, Ifind that the Court shifts opportunisticallyfrom case to case between subjective and objective tests, and between whose point of view-the police officer's or the defendant's-it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutionalprovisions at issue or by the attributes of subjective and objective tests themselves. The Article then centers on the one Supreme Court opinion in this area to address the question of "subjective" objective standards, Yarborough v.
    [Show full text]
  • Prisons in Yemen
    [PEACEW RKS [ PRISONS IN YEMEN Fiona Mangan with Erica Gaston ABOUT THE REPORT This report examines the prison system in Yemen from a systems perspective. Part of a three-year United States Institute of Peace (USIP) rule of law project on the post-Arab Spring transition period in Yemen, the study was supported by the International Narcotics and Law Enforcement Bureau of the U.S. State Department. With permission from the Yemeni Ministry of Interior and the Yemeni Prison Authority, the research team—authors Fiona Mangan and Erica Gaston for USIP, Aiman al-Eryani and Taha Yaseen of the Yemen Polling Center, and consultant Lamis Alhamedy—visited thirty-seven deten- tion facilities in six governorates to assess organizational function, infrastructure, prisoner well-being, and security. ABOUT THE AUTHORS Fiona Mangan is a senior program officer with the USIP Governance Law and Society Center. Her work focuses on prison reform, organized crime, justice, and security issues. She holds degrees from Columbia University, King’s College London, and University College Dublin. Erica Gaston is a human rights lawyer with seven years of experience in programming and research in Afghanistan on human rights and justice promotion. Her publications include books on the legal, ethical, and practical dilemmas emerging in modern conflict and crisis zones; studies mapping justice systems and outcomes in Afghanistan and Yemen; and thematic research and opinion pieces on rule of law issues in transitioning countries. She holds degrees from Stanford University and Harvard Law School. Cover photo: Covered Yard Area, Hodeida Central. Photo by Fiona Mangan. The views expressed in this report are those of the authors alone.
    [Show full text]
  • Imprisonment and the Separation of Judicial Power: a Defence of a Categorical Immunity from Non-Criminal Detention
    IMPRISONMENT AND THE SEPARATION OF JUDICIAL POWER: A DEFENCE OF A CATEGORICAL IMMUNITY FROM NON-CRIMINAL DETENTION J EFFREY S TEVEN G ORDON* [e fundamental principle that no person may be deprived of liberty without criminal conviction has deteriorated. Despite a robust assertion of the principle by Brennan, Deane and Dawson JJ in Chu Kheng Lim v Minister for Immigration, subsequent jurisprudence has eroded it and revealed stark division amongst the Justices of the High Court. is article clarifies the contours of the disagreement and defends the proposition that, subject to a limited number of categorical exceptions, ch III of the Constitution permits the involuntary detention of a person in custody only as a consequential step in the adjudication of the criminal guilt of that person for past acts. is article proposes a methodology for creating new categories of permitted non-criminal detention and applies that methodology to test the constitutionality of the interim control orders considered in omas v Mowbray.] C ONTENTS I Introduction ............................................................................................................... 42 II Legislative Power, Judicial Power and Imprisonment .......................................... 46 A From Which Section Does the So-Called ‘Constitutional Immunity’ from Executive Detention Originate? ........................................................ 51 1 Does the Legislative Power of the Commonwealth Conferred by Section 51 Extend to Authorising Imprisonment Generally? ............................................................... 52 2 Does Chapter III Have Any Operation When Parliament Enacts a Law Authorising Imprisonment? ................................... 55 * BSc (Adv) (Hons), LLB (Hons) (Syd), LLM (Columbia). Sincerest thanks to Peter Gerangelos for reading a dra, for generous advice, and for sparking my interest during his fascinating course on Advanced Constitutional Law at the University of Sydney.
    [Show full text]
  • BASIC TRAINING MANUAL for PRISON and DETENTION CENTER WORKERS
    BASIC TRAINING MANUAL for PRISON and DETENTION CENTER WORKERS on the practical application of CONSTITUTION OF AFGHANISTAN, LAW OF PRISONS AND DENTENTION CENTERS, and PRISON AND DETENTION CENTER’S REGULATIONS FOR MANAGEMENT OF AFFAIRS Instructor’s Version The Islamic Republic of Afghanistan In the Name of God, the Merciful, the Compassionate The Prophet Muhammad (peace be upon him) said “Prevent punishment in case of doubt; release the accused if possible, for it is better that the ruler be guilty of the wrong of forgiving than the wrong of punishment.” BASIC TRAINING MANUAL COMMITTEE OF PRISON EXPERTS This draft manual is the result of a collaborative effort with input, review, examples and suggestions received from a variety of sources. Following are some of the major players who participated in the preparation of the information in this Manual. The General Directorate of prisons and detention centers of Afghanistan. Information and advisory services also came from the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Program (ISPAC) and the International Corrections and Prisons Association (ICPA) The material in this Manual was reviewed to insure it conformed to the Constitution and laws of the Islamic Republic of Afghanistan and to insure that it was consistent with the sacred religion of Islam by the following legal and Shari’a experts: Name Current position Aziz Ahmed Serbar Head of oversight Department Attorney General’s Office Abdulbashier Fazli Professor of Shari’a’ah,
    [Show full text]
  • Questioning a Charged Suspect
    QUESTIONING A CHARGED SUSPECT "The police have an interest in investigating new or additional crimes after an individual is formally charged with one crime."(1) After a suspect has been arrested for one crime, officers who are investigating another crime may want to question him. In fact, this happens a lot because for some people committing crime is a way of life. They may be career criminals, they may have gone on a crime spree, or they may just commit crimes whenever it suits their purposes. In any event, when they are eventually arrested for one of their crimes, officers who are investigating other crimes may be lined up, waiting to question them. Can they lawfully do so? The answer depends mainly on whether the suspect has been charged with the crime that will be the subject of interrogation. If not, officers will ordinarily be free to question him so long as they comply with Miranda. On the other hand, if the suspect has been charged, officers must also comply with a set of rules that come from an area of law known as the Sixth Amendment right to counsel. Under the Sixth Amendment a suspect has a right to have counsel present whenever he is questioned about a crime with which he has been charged.(2) As we will explain, the suspect may, however, waive this right or he may invoke it. Although this may sound a lot like Miranda, it is quite different. For example, Miranda and Sixth Amendment rights attach at different times during an investigation, they are invoked in different ways, and the consequences of an invocation differ.
    [Show full text]
  • Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein
    Fordham Urban Law Journal Volume 6 | Number 2 Article 6 1978 Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Accounting Law Commons Recommended Citation Michael Goldstein, Hunters and the Hunted: Rights and Liabilities of Bailbondsmen, 6 Fordham Urb. L.J. 333 (1978). Available at: https://ir.lawnet.fordham.edu/ulj/vol6/iss2/6 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE HUNTERS AND THE HUNTED: RIGHTS AND LIABILITIES OF BAILBONDSMEN I. Introduction For over 150 years bailbondsmen have had the right to arrest their principals' whenever and wherever they chose, and to recommit them to government custody in order to avoid forfeiture of their bond.2 This right was upheld when a bailbondsman forcibly entered his principal's home in the middle of the night,3 when the bondsman pursued his principal beyond state lines4 and even when the bonds- man used physical force in the act of apprehension.5 This Note will examine the development of this extrajudicial power to make arrests, the manner in which it is handled in the 1. Read v. Case, 4 Conn. 166 (1822); Nicolls v. Ingersoll, 7 Johns. (N.Y.) 145 (1810). 2. In this area of the law, the principal is the party who has been arrested and is seeking release from prison pending his scheduled court appearance.
    [Show full text]
  • Bail Bond Division
    OMCCA Bail Bonds Oklahoma Insurance Department May 17, 2016 1 Bail Bondsman License Requirements • At least Twenty-One (21) years of age • US Citizen • High School diploma or equivalent • Good character and reputation • No felony or certain misdemeanor convictions 2 Bail Bondsman Education Requirements • Pre-Licensing Education – 16 hours • Continuing Education – 8 hours annually • The Oklahoma Bondsman Association provides the PLE and CE 3 Lines of Authority (LoA) • 578 licensed bail bondsmen • Cash (83) • Professional (60) • Property Bail (2) • Surety Bail (549) • Multi-County Agent (25) As of 04-05-2016 4 Reporting Requirements • Bail bondsmen are required to electronically submit a report each month • Reports include appearance bonds written and discharged for reporting month • Bail bondsmen pay a reviewal fee to Department which is $2.00 per every $1,000 in appearance bonds written 5 2015 • Professional & MCA bail bondsmen appearance bonds written = $365,209,998.92 • Insurance companies appearance bonds written = $152,949,604.70 • Cash appearance bonds written = $1,088,721.74 • Property appearance bonds written = $120,000.00 6 Bail Bond Division Staff - • Communicate with bail bondsmen, court clerks, sheriffs, judges, and the public providing assistance and education concerning bail bonds • Review approximately 630 reports each month for accuracy • Review Court Clerk reports to ensure bail bondsmen report all appearance bonds 7 Bail Bond Division Staff - • Review and process approximately 65 new licenses each year and 369 license renewals in 2015 (biennially per birth month) • Recommend statute and rule changes to Department’s legislative staff • Testify at administrative hearings • Investigate complaints against bail bondsmen 8 Types of Complaints • BBF – Notice of Non Payment of Bond Forfeitures received from Court Clerks • BBI – Complaints from Consumers, Court Clerks, Sheriffs, & bail bondsmen • BBD – Bail Bond Division referrals to Legal Division 9 Complaints & Disciplinary Actions • Non Payment of Forfeiture notice (BBF).
    [Show full text]
  • If You Are Suspected of a Criminal Offence If You Are Suspected of a Criminal Offence
    If you are suspected of a criminal offence If you are suspected of a criminal offence Contents About this brochure 3 Arrest and questioning 3 Police custody 3 Your lawyer 4 The Probation Service 5 Rights and restrictions 5 Appearance before the Officer of Justice 6 What happens next? 6 Detention 7 Remand 7 Release 8 Preliminary hearing 9 Prosecution 10 Dismissal 10 In court 10 Compensation 11 Assistance 12 Other brochures 13 Further information 13 2 If you are suspected of a criminal offence About this brochure This brochure provides information about what to expect if you have been arrested for a criminal offence. It explains the role of the various people involved in the criminal justice system, how long you can be held in custody or on remand, and sets out your rights and responsibilities. It also tells you where you can obtain further information at each stage of the procedure. You can also contact your own lawyer or the local office of the Juridisch Loket (Legal Advice Centre). Details of other brochures and useful addresses are given at the rear of this brochure. Arrest and questioning You have been arrested on suspicion of having committed a criminal offence. The police may wish to question you further at the police station. If so, they are entitled to hold you for up to six ‘working’ hours. The hours between midnight and 9 am do not count towards this period. For example, if you are taken to the police station at 9 o’ clock in the evening, the police can detain you for questioning until 12 noon the following day.
    [Show full text]
  • 2020 Annual Report MISSION in Support of the Port of Seattle’S Mission, We: • Fight Crime, • Protect and Serve Our Community
    PORT OF SEATTLE POLICE 2020 Annual Report MISSION In support of the Port of Seattle’s Mission, we: • fight crime, • protect and serve our community. VISION To be the nation’s finest port police. GUIDING PRINCIPLES • Leadership • Integrity • Accountability Port of Seattle Commissioners and Executive Staff: It is my pleasure to present to you the 2020 Port of Seattle Police Department Annual Report. This past year was challenging in unprecedented ways. COVID-19 significantly impacted our day-to-day operations and our employees and their families. National civil unrest and demand for police reform led to critique and an ongoing assessment of the department. Changes in leadership, ten retirements, and a hiring freeze compounded the pressures and stress on your Police Department members. However, despite these challenges, I am proud to say that the high caliber professionals in the department stepped up. They adapted to the new environment and continued to faithfully perform their mission to fight crime, and protect and serve our community. Port employees, business partners, travelers, and visitors remained safe yet another year, because of the teamwork and outstanding dedication of the people who serve in your Police Department. As you read the pages to follow, I hope you enjoy learning more about this extraordinary team. On behalf of the exemplary men and women of this Department, it has been a pleasure to serve the Port of Seattle community. - Mike Villa, Deputy Chief Table of Contents Command Team . 6 Jurisdiction .........................................7 Community Engagement ...........................8 Honor Guard .......................................9 Operations Bureau .................................10 Port of Seattle Seaport . 11 Marine Patrol Unit .................................12 Dive Team .........................................12 SEA Airport .
    [Show full text]