What are the 3 main rights of a detained person?

What are the 3 main rights of a detained person?

The rights are:

  • right to have someone informed of their arrest.
  • right to consult in private with a solicitor and that free independent legal advice is available.
  • right to consult the Codes of Practice.

What rights do you have in custody?

What rights does a person have when in police custody?

  • Free legal representation (usually known as a duty solicitor).
  • A phone call to inform someone that they’ve been arrested.
  • Medical help if they are feeling ill.
  • The right to read the Codes of Practice which explains what the police can and cannot do.

How long can a person be held in custody?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

What are the rights of an accused person in Kenya?

You are have a right to a fair trial; this means that: You must be treated as innocent until the contrary is proved beyond reasonable doubt by the prosecution. You have a right to remain silent, and not to testify during the proceedings or to refuse to give self-incriminating evidence.

Can you see someone in police custody?

Can I see them? No, visitors are not allowed into police custody suites. Custody suites do not work like prisons. We don’t have the staff or the facilities of a prison and therefore it’s exceptionally rare that we allow detainees to have visitors.

What is Republic Act 7438?

Republic Act No. 7438, Act defining certain rights of persons arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violations thereof, 1992.

Can police beat a person in judicial custody?

When accused is sent to police custody, police will have the authority. Another difference is that during police custody, police can interrogate the accused directly without any authority’s permission. But in judicial custody police cannot interrogate accused without permission of Magistrate.

Can you remain silent in court?

In legal-speak, these are called your Miranda rights, named after the case Miranda v. You have the right to remain silent. Anything you say can and will be used against you in court.

What is the preamble to the Constitution of Kenya?


Which is part of the law of Kenya?

Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution. 3. Every person has an obligation to respect, uphold and defend this Constitution. Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful. 4. Kenya is a sovereign Republic.

When was the revised constitution of Kenya published?

CONSTITUTION OF KENYA, 2010 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] Constitution of Kenya, 2010 Const2010 C35-03[Issue 1]

Is the Constitution of Kenya subject to challenge?

The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ. Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.