BlueBook - Arrest

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1. ARREST

1.1 Everyone has the right to liberty and security of the person.6
1.2 Everyone has the right to liberty of movement.7
1.3 Everyone has the right to the protection of the law from arbitrary or unlawful interference with privacy, family, home or correspondence and unlawful attacks on honour and reputation.8
1.4 Arrest is depriving a person of his or her liberty, otherwise expressed as "the act of apprehending a person for the alleged commission of an offence or by the action of an authority.9 No law enforcement official shall make any arrest which is unlawful or unnecessary.10
1.5 Anyone who is arrested shall be given a lawful reason for the arrest at the time of the arrest.11
1.6 If any charges are made against an arrested person, that person must be promptly informed of the charges.12
1.7 Anyone who is arrested or detained on a criminal charge shall be brought promptly before a judge or an authority with similar powers.13
1.8 Any person who is arrested or detained has the right to ask a judge or an authority with similar powers to decide without delay on the lawfulness of the arrest or detention, or an order of release if the detention is not lawful. 14
1.9 The arrested or detained person is entitled to trial without unreasonable delay or to release. 15
1.10 If the court or authority decides that the arrest or detention was unlawful, it should order release without delay. 16
1.11 The arrested or detained person is entitled to be released if, among other reasons, a trial is not held within a reasonable time. Any conditions of the release must be reasonable such as guarantees to appear for trial.17
1.12 All persons arrested or detained, with or without a criminal charge, shall have access to a lawyer or other legal representative, and adequate opportunities to communicate with that legal representative. 18
1.13 Public authorities, including law enforcement officials, shall ensure that lawyers are able to perform all of their professional duties without intimidation, hindrance, harassment, or improper interference. 19
1.14 Law enforcement officials must record in writing relevant information when an arrest is made which must include: 20

the reason for the arrest;
the time of the arrest;
the time of taking the arrested person to a place of custody;
the time of the first appearance of the arrested person before a judge or a similar authority;
the identity of any law enforcement officials involved; and
precise information about the place of custody.

1.15 These records must be communicated clearly to the detained person or to the lawyer or other legal representative of the detained person. 21
1.16 Promptly after arrest, a detained person is entitled to have his or her family notified about the arrest or detention, and the place of imprisonment. 22
1.17 Notice of a person's transfer from one place of detention or imprisonment to another must be given promptly to the person's family or to other representatives chosen by the detainee or prisoner. 23
1.18 Accused persons shall not be forced to confess guilt, or to testify against themselves. 24 When interrogating a detained or imprisoned person, law enforcement officials shall not use violence, threats, drugs or other methods designed to intimidate or confuse the person concerned. 25
1.19 A written record must be kept of the length of any interrogation of a detained or imprisoned person. 26
1.20 A written record must be kept of the intervals between interrogations of any detained or imprisoned person. 27
1.21 A written record must be kept of the identity of the officials who conduct any interrogations of any detained or imprisoned person, and a record of the name(s) of any other person(s) present. 28
1.22 These written records shall be examined and certified by a senior law enforcement official or member of the judiciary or legal profession.
1.23 A detained or imprisoned person shall have access to the information described in paragraphs 1.14 -1.22 above, either personally or through his or her legal representative, if any. 29
1.24 The arrested or detained person is entitled to have the assistance of an interpreter during the interrogation if that person cannot understand or speak the language used. 30
1.25 Law enforcement officials shall apply the law which establishes the minimum age below which children shall be presumed not to have the capacity to infringe the penal law. 31

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