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Criminal Law
Section 35 guarantees personal liberty and sets out when a person must be brought before a court. The Administration of Criminal Justice Act 2015 adds procedural safeguards worth understanding before you 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 sets out when a person must be brought before a court, and detention beyond what the law permits is exactly what the rights procedure exists for.
“Family cannot do anything until charges are filed.”
An application about liberty can be brought on behalf of a person who cannot come to court themselves.
When to speak to a lawyer