Criminal Procedure Code
41
Rights of person arrested
28a. (1) A person arrested without a warrant shall be informed
as soon as may be of the grounds of his arrest by the police
officer making the arrest.
(2) A police officer shall, before commencing any form of
questioning or recording of any statement from the person arrested,
inform the person that he may—
(a)
communicate or attempt to communicate, with a relative
or friend to inform of his whereabouts; and
(b)
communicate or attempt to communicate and consult with
a legal practitioner of his choice.
(3) Where the person arrested wishes to communicate or attempt
to communicate with the persons referred to in paragraphs (2)(a)
and (b), the police officer shall, as soon as may be, allow the
arrested person to do so.
(4) Where the person arrested has requested for a legal practitioner
to be consulted, the police officer shall allow a reasonable time—
(a)
for the legal practitioner to be present to meet the person
arrested at his place of detention; and
(b)
for the consultation to take place.
(5) The consultation under subsection (4) shall be within
the sight of a police officer and in circumstances, in so far as
practicable, where their communication will not be overheard.
(6) The police officer shall defer any questioning or recording
of any statement from the person arrested for a reasonable time
until the communication or attempted communication under
paragraph 2(b) or the consultation under subsection (4) has been
made.
(7) The police officer shall provide reasonable facilities for
the communication and consultation under this section and all
such facilities provided shall be free of charge.
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