- Kertar & Sandhu
What are your rights during a custody?
Updated: Sep 16, 2020
It is necessary to know your rights while in custody. There are certain requests you are allowed;
Request to make a call to your family or a lawyer
Request visits by your family or a lawyer
Request to consult with a lawyer of your choice
However, these requests are only usually granted within a reasonable time of the arrest as they may refused if they interfere with investigations midway.
It is recommended to speak to a criminal lawyer as early as you can, as it will allow you to clarify your rights and obligations and seek advice on any defences which may be available to you.
If he individual fails to mention certain facts during the first interview with the police can increase the difficulty to credible raise defences based on those facts later in court, even if after the individual decides to engaged a lawyer.
While in custody the police has to observe certain regulations such as; ensuring the individual's cell is clean and the food provided has basic nutritional value.
If the individual appears to be suffering from any illness or mental disorder, he/she must be referred to a medical office or doctor without delay.
Where there is a possible drunk, disorderly or mentally disordered person, they should be separately confined from the other persons in custody.
If the individual is a female or juvenile, there are additional rules that apply;
Females should be kept separate from males, and in a cell with reasonable privacy.
Juveniles should be kept separate from adult offenders.
If you appear to be suffering from any illness or mental disorder, the police must refer you to a medical officer or doctor without delay. Where possible, drunk, disorderly, or mentally disordered persons should also be separately confined from other persons in custody.
If you are female or a juvenile, additional rules will apply. Females should be kept separate from males, and in a cell with reasonable privacy, while juveniles should be kept separate from adult offenders.
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