SEARCH

§ To search you, police must have reasonable suspicion that you are committing or have committed an offence.
§ If the police want to enter your house, you should ask them if they have a warrant. Ask to see the warrant!
§ However, there are cases where the police can search without a warrant. For example, when it is believed that a crime has been or about to be committed
§ Follow the officer during the search!
§ Ask the officer his name but if he fails to identify himself, note anything that can help you to identify the officer for example, his badge number, markings on the car he drove, etc.
§ Look carefully at the officer so that you may be able to identify him, if necessary you can relay the description at a later date.
§ Request a signed list of anything that the officer takes with him.

ARREST
§ The police should have a warrant before they arrest you.
§ They can arrest you without a warrant if:
a. you have committed a felony or the police have reasonable grounds to suspect that you are about to commit a felony;
b. you have committed a dangerous breach of the Peace;
c. if you refuse to give your name, address, licence to a uniformed police officer after you have committed a road traffic offence.
d. if you are caught in the act of committing some minor offences.

SAY NOTHING UNTIL ADVISED BY A LAWYER.

RIGHTS ON ARREST FINGERPRINTS AND PHOTOGRAPH
§ You have a right NOT to have your fingerprints or photograph taken but remember you can agree for them to be taken
§ If you are suspected of being involved in certain serious offences, a Superintendent of police or officer of higher rank can authorize that they be taken.
§ They can be taken if you are deemed incapable of consenting, eg. If you are mentally challenged.
§ A court can also order that your fingerprints be taken

RIGHTS ON ARREST LEGAL AID
When arrested and taken to the police station, the police should ask you if you have an attorney.
If do not have an attorney, then he should refer you to a list of ‘Duty Counsel.’ You may choose one to represent you.
Duty Counsel is a lawyer who has agreed to provide legal aid assistance to persons arrested.
A Duty Counsel is paid by the government – NEVER GIVE DUTY COUNSEL ANY MONEY.
Duty Counsel is usually a ‘regular lawyer’ who donates a portion of his/her time to providing legal aid assistance – he/she is not always an Attorney from the Legal Aid Department. Even if he/she is from that department, he/she is equally capable to handle your case.
Once you have asked the police to contact Duty Counsel on your behalf, they should not question you until your lawyer arrives.
The police should allow Duty Counsel to meet with you somewhere where they cannot hear your conversation.

RIGHT TO BAIL – POLICE
§ Once you are charged you have a right to bail.
§ Bail must be considered within 24 hours of your being arrested.
§ For most offences bail can be granted by the police.
§ If you are charged with an offence for which you cannot be imprisoned then the police SHOULD in most cases grant you bail.

RIGHT TO BAIL – COURT
§ If police deny you bail you can request bail before a Resident Magistrate (RM).
§ If you are charged with an offence for which the police cannot grant you bail then ask to be taken to a judge as soon as possible.
§ If a court denied bail at first, you can keep applying to the same court or you can apply to a judge of the Supreme Court