Police detention how long

Privacy Policy. Password recovery. Pulses PRO. Forgot your password? Get help. Saturday, November 13, Want create site? Find Free WordPress Themes and plugins. Is That Legal. All you need to know about preventive detention? However, this only applies if the person was arrested without a warrant. If they were arrested pursuant to an arrest warrant, weekends and holidays are still counted, presumably because law enforcement had the choice of when to execute the warrant and effectuate the arrest.

If the person was arrested for a misdemeanor and the hour clock expires, the person must be released with a citation pursuant to Rule 6 of the Minnesota Rules of Criminal Procedure.

The hour rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period of time.

If neither of these events occurs, the person must be released after 48 hours. This rule differs from the hour rule because each day is included in the calculation. This means that in the example above, a person who is arrested at noon on Christmas Eve will be released at noon on December 26th unless a judge has signed a Complaint or determined that there is probable cause for continued detention.

Many people assume that the violation of either the 36 or hour rules will result in the dismissal of all charges. This is unfortunately not the case.

A violation of either rule will more likely result in a judge ordering the arrested party released immediately. The 3 modes of arrest laid down in Section 46 Cr. C are — by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the An order by a Magistrate for the detention of a person, whether in " police custody" or "judicial custody" under Section 2 Cr. C, pre-supposes an " arrest " of such person before such order.

C are —. State Cri. J Madras. If the person to be arrested is in " judicial custody ", then the police officer has 2 options —. Santhosh Yadav Cri. Upon production of the arrestee before the judicial Magistrate as enjoined by Section 1 Cr. Such custody which may either be "Police custody" only for the first 15 days or "judicial custody". As per Section 57 read with Section 1 Cr. However, the framers of the Code, taking note of the unavoidable delay in completing the investigation, have prescribed an outer limit under clauses i and ii of paragraph a of the proviso to Section 2 Cr.

If the charge-sheet or complaint in the case of a non-police officer is not filed within the aforesaid period, the accused is given the indefeasible right to bail, loosely called " default bail " or " compulsive bail " or " statutory bail " which will be deemed to have been granted under Chapter XXXIII of Cr. This is the main purport of Section Cr. We will now discuss a few practical problems which usually crop up for resolution before the criminal Courts. Whether the production of an arrested person under Section 1 Cr.

Whether an Executive Magistrate can authorise the detention of the accused in jail or police custody and if so, the maximum period permissible. After the initial order of detention in judicial custody for 5 days by an Executive Magistrate under Section 2-A Cr. C, whether the Judicial Magistrate before whom the arrestee is produced can direct detention of the arrestee in police custody and if so upto what period.

The word " remand " means " to send back a soldier to his post" or "to commit an accused person back to custody ". In civil law, to remand a case means to send a case back to the lower Court from which it came.

Very often, the word "remand" is incorrectly used as "the case is accordingly remanded back to the trial court".

This is bad usage. It is enough to say that the case is remanded to the trial Court. Whether the word " remand ", is a verb or a noun. As a noun, the word "remand" means a Judicial Order of re-committal. When a Magistrate orders an arrested person to be detained in " police custody " or " judicial custody ", whether it is not legally correct to say that the arrested person is " remanded" to police or judicial custody. Situations in which the word " remand " can legitimately be used as per the Cr.

In a case involving an offence which is triable exclusively by a Court of Session, whether instituted on a " police report" or a " private complaint", if the accused appears or is brought before Court under Section Cr.

The nature of the custody after production of a person who is arrested by the police and produced before the Magistrate with a remand application under Section 1 Cr. If the arrested person after production before the Magistrate is custodia legis and is represented by a lawyer and while the Magistrate is in his chamber, escapes from the Court premises, whether the lawyer is responsible for such escape.

Before the Magistrate passes an order for detention under Section 2 Cr.