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Criminal Law
Section 35 of the Constitution protects your freedom and says how soon an arrested person must be taken to court. The Administration of Criminal Justice Act 2015 adds more protections that are worth knowing before you ever need them.
Situation: A person has been taken into custody
Stated generally. The exact position always depends on the facts.
What you should do
What you should not do
“A person can be held indefinitely while the police investigate.”
The Constitution says when a person must be taken to court. Holding someone for longer than the law allows is exactly what you can go to court to challenge.
“Family cannot do anything until charges are filed.”
Family or a lawyer can go to court on behalf of someone who is being held and cannot go themselves.
When to speak to a lawyer