{"id":4255,"date":"2025-02-15T19:20:20","date_gmt":"2025-02-15T18:20:20","guid":{"rendered":"https:\/\/1stattorneys.com\/articles\/?p=4255"},"modified":"2025-02-15T19:20:20","modified_gmt":"2025-02-15T18:20:20","slug":"what-to-do-when-arrested-by-the-police","status":"publish","type":"post","link":"https:\/\/1stattorneys.ng\/articles\/2025\/02\/15\/what-to-do-when-arrested-by-the-police\/","title":{"rendered":"WHAT TO DO WHEN ARRESTED BY THE POLICE"},"content":{"rendered":"\t\t
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Being arrested by the police can be a stressful and overwhelming experience. However, understanding your rights and the appropriate steps to take can help ensure that your legal interests are protected. This article outlines essential actions to take if you are arrested by the police.<\/p>

  1. Stay Calm and Composed<\/strong><\/li><\/ol>

    The first and most important thing to do when arrested is to remain calm. Resisting arrest or reacting aggressively can worsen the situation and may lead to additional charges. Take deep breaths and focus on staying composed.<\/p>

    1. Know Your Rights<\/strong><\/li><\/ol>

      When arrested, you have several fundamental rights, including:<\/p>

      • The Right to Remain Silent<\/strong>: You are not obligated to answer any questions beyond providing your name and basic identification details. Exercising this right can prevent self-incrimination or misunderstandings that may negatively impact your case. (Section 35(2) of the Nigerian Constitution 1999, as amended)<\/strong><\/li>
      • The Right to Legal Representation<\/strong>: You have the right to consult a lawyer before answering any police questions. It is advisable to request legal representation immediately and refrain from discussing your case with anyone other than your attorney. (Section 36(6)(c) of the Nigerian Constitution 1999, as amended)<\/strong><\/li>
      • The Right to Be Informed of Charges<\/strong>: The police must inform you of the reasons for your arrest. If this information is not provided, you or your lawyer can request clarity and documentation of the charges. (Section 35(3) of the Nigerian Constitution 1999, as amended)<\/strong><\/li>
      • The Right to Avoid Self-Incrimination<\/strong>: Anything you say can be used against you in court, so it is advisable to speak only in the presence of your lawyer. You should explicitly state that you wish to remain silent until you have legal counsel, as making any statements without proper guidance can be detrimental to your case. (Section 36(11) of the Nigerian Constitution 1999, as amended)<\/strong><\/li><\/ul>
        1. Do Not Resist Arrest<\/strong><\/li><\/ol>

          Even if you believe the arrest is wrongful, do not resist. Resisting arrest can lead to further legal complications. Instead, comply with the officers and later challenge the arrest through legal channels. (Section 4 of the Police Act 2020)<\/strong><\/p>

          1. Request a Lawyer Immediately<\/strong><\/li><\/ol>

            Upon arrest, explicitly state, “I want to speak to my lawyer.” Do not answer any questions or make statements until your lawyer is present. If you cannot afford a lawyer, request that one be provided for you. (Section 36(6)(c) of the Nigerian Constitution 1999, as amended)<\/strong><\/p>

            1. Be Mindful of Your Statements<\/strong><\/li><\/ol>

              Anything you say can be used against you in a court of law. Even casual or seemingly harmless remarks can be misconstrued. If questioned, politely decline to answer without legal counsel present.<\/p>

              1. Understand Search and Seizure Laws<\/strong><\/li><\/ol>

                The police may search you and your immediate surroundings upon arrest. However, they generally need a warrant to search your home, car, or electronic devices unless there are exigent circumstances. According to Section 37 of the Nigerian Constitution (1999, as amended)<\/strong>, every citizen has a right to privacy, including their home, correspondence, and telephone communications. Additionally, Sections 28 and 29 of the Police Act (2020)<\/strong> outline the legal procedures for search and seizure. If an officer attempts an unlawful search, note the details but do not physically resist. Instead, inform your lawyer and challenge the search through the appropriate legal channels.<\/p>

                1. Request Bail if Possible<\/strong><\/li><\/ol>

                  In many cases, arrested individuals are eligible for bail. You or your lawyer can request bail during your first court appearance. Understanding the bail process and ensuring compliance with any conditions set by the court is crucial. (Section 35(4) of the Nigerian Constitution 1999, as amended)<\/strong><\/p>

                  1. Document Everything<\/strong><\/li><\/ol>

                    If possible, take mental notes of everything that happens during and after your arrest, including:<\/p>

                    • The names and badge numbers of the officers involved.<\/li>
                    • The time and place of the arrest.<\/li>
                    • Any statements made by officers.<\/li>
                    • Any witnesses present.<\/li><\/ul>

                      These details may be valuable for your defense.<\/p>

                      1. Contact Family or Friends<\/strong><\/li><\/ol>

                        If allowed, inform a trusted person about your arrest. They can assist in contacting a lawyer or arranging for bail.<\/p>

                        1. Follow Legal Procedures<\/strong><\/li><\/ol>

                          After your arrest, you will likely have a court hearing. Attend all required proceedings, follow legal advice, and cooperate with your attorney to build a strong defense.<\/p>

                          Being arrested does not mean you are guilty. By understanding and exercising your rights, remaining calm, and seeking proper legal representation, you can navigate the situation effectively. If you or someone you know is arrested, consulting with a qualified attorney as soon as possible is essential to ensure that legal rights are protected.<\/p>

                          THE ADMINISTRATION OF CRIMINAL JUSTICE LAW (ACJL) IN NIGERIA<\/strong><\/p>

                          The Administration of Criminal Justice Law (ACJL)<\/strong> plays a crucial role in ensuring that the rights of individuals arrested by the police are protected and that due process is followed. Here\u2019s how the ACJL<\/strong> applies to various aspects of an arrest:<\/p>

                          1. Arrest and Notification of Rights<\/strong><\/li><\/ol>

                            Under Section 6 of the ACJL<\/strong>, a person who is arrested must be informed immediately of the reason for their arrest. This aligns with the constitutional right under Section 35(3) of the Nigerian Constitution<\/strong>.<\/p>

                            1. Right to Remain Silent & Legal Representation<\/strong><\/li><\/ol>

                              Section 9(3) of the ACJL<\/strong> states that a person who is arrested shall be informed of their right to remain silent and their right to consult with a legal practitioner. This provision reinforces Section 36(6)(c) of the Nigerian Constitution<\/strong>, which guarantees legal representation.<\/p>

                              1. Recording of Arrests<\/strong><\/li><\/ol>

                                Under Section 15 of the ACJL<\/strong>, the police must document all arrests in an official register, including the details of the arrest and the identity of the officer who carried it out. This ensures accountability and transparency.<\/p>

                                1. Search and Seizure<\/strong><\/li><\/ol>

                                  The ACJL, under Section 12<\/strong>, specifies conditions under which the police can conduct searches upon arrest. It mandates that searches must be done in a lawful and non-abusive manner, and it reinforces the constitutional right to privacy (Section 37 of the Nigerian Constitution<\/strong>).<\/p>

                                  1. Bail and Detention Limits<\/strong><\/li><\/ol>
                                    • Section 30 of the ACJL<\/strong> states that a suspect should not be detained beyond 24 to 48 hours<\/strong> without being brought before a court.<\/li>
                                    • Section 32 of the ACJL<\/strong> allows a person to apply for bail if the offense is bailable, reinforcing the constitutional right under Section 35(4) of the Nigerian Constitution<\/strong>.<\/li><\/ul>
                                      1. Prohibition of Torture & Inhumane Treatment<\/strong><\/li><\/ol>

                                        The ACJL (Section 8)<\/strong> prohibits the use of torture, inhumane treatment, or prolonged detention of suspects, ensuring compliance with human rights standards.<\/p>

                                        1. Duty of Legal Aid and Representation<\/strong><\/li><\/ol>

                                          Under Section 10(2) of the ACJL<\/strong>, the police or any law enforcement officer must ensure that a suspect who cannot afford legal representation is assigned a lawyer from the Legal Aid Council.<\/p>

                                          1. Fair Trial and Speedy Hearing<\/strong><\/li><\/ol>

                                            The ACJL, under Section 396<\/strong>, ensures that criminal trials are conducted efficiently, reducing unnecessary delays and prolonged pre-trial detention.<\/p>

                                            Conclusion<\/strong><\/p>

                                            The Administration of Criminal Justice Law<\/strong> serves as a safeguard against police misconduct, arbitrary arrests, and prolonged detention. It reinforces constitutional rights and ensures that suspects are treated fairly under the law. If arrested, a person can rely on the ACJL to challenge any violation of their rights.<\/p>

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