THE “48-HOUR RULE”
●
Every person arrested and detained should be
brought before a court as soon as reasonably
possible but no later than 48 hours after arrest in
order to:
-
be charged
be considered for bail or release
●
If the 48-hour period expires on a day that is not
a court day (such as a weekend or holiday), the
accused must be brought before a court on the
first court day after the 48-hour period has
expired
●
If the 48-hour rule is not observed, the accused
should be released
●
The purpose of the 48-hour rule is:
to ensure court supervision in all matters of
detention in order to preserve the rule of law and
to protect human rights
●
The 48-hour rule does not mean:
-
automatic bail for the accused (the accused
may, for example, be remanded in custody)
that the investigation must be completed
within 48 hours
OHCHR Police Trainer’s Guide
Session 6 (Arrest)/3
74
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