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