The arrest in another legal system can be a daunting experience especially for a person who is not aware of the laws and criminal procedure under the UAE legal system. This can be crucial immediately following the arrest as the police investigation and the outcome of Public Prosecution proceedings and decisions on detention and release may commence within only a few days. A person accused of a crime should be familiar with the process and know his rights under UAE law so that he can take appropriate action as early as possible and seek legal aid.
This article offers general information on the process that follows arrest in the UAE, the rights of the accused and what steps should be taken. It is not a substitute for advice on the facts of a particular case. It is important that anyone who has been arrested or is being criminally investigated seek advice from a good criminal lawyer at the earliest opportunity.
What an Arrest sets in motion.
An arrest does not amount to a finding of guilt. It starts a process of a criminal investigation in which the relevant authorities investigate allegations, decide whether there is a basis for such investigation, and, if so, report the matter to the criminal courts. The defendant is entitled to the procedural safeguards granted by the UAE law in these phases. The Criminal Procedures Law explicitly stipulates that punishment for a crime can only be meted out after a conviction for it according to the law.
The process normally has three main steps. The police conduct preliminary investigations and take care of the arrested person before the Public Prosecution is involved. The Public Prosecution is responsible for the investigation and determining whether or not the individual should be released, placed in custody or referred to the appropriate court. The case goes to trial, and the criminal court decides the case, which may result in a sentence if the accused is found guilty.
The distinction is significant because it is important that an arrested individual should not view the police stage as the same as the prosecution stage and court proceedings. There are different decision makers and procedures involved in each stage.
The Legal Framework and Rights of the Accused
The Criminal Procedure Law is the main law regulating the criminal proceedings, in accordance with Federal Decree by Law No. 38 of 2022. The Crimes and Penalties Law is included in Federal Decree by Law No. 31 of 2021. The Criminal Procedures Law entered into force on 1st March 2023 and establishes the procedure for arrest, investigation, detention, provisional release and criminal proceedings.
Personal freedom is protected and the law states that a person can only be arrested, detained or otherwise restricted in their freedom of movement in circumstances and conditions that are provided for by the law It also bans torture, degrading treatment and physical or moral injury in the course of criminal proceedings. Procedures conducted in breach of this are considered invalid and any evidence gained is deemed tainted.
When arrested, the Judicial Police Officer must communicate to the accused what the criminal charge is and the right to remain silent before statements are taken. Where the accused is not released the person shall be referred to competent Public Prosecution within 48 hours. The Public Prosecution has to then question the accused within 24 hours and decides the accused must be released or remanded in custody.
Right to interpretation is also applicable as the fact finding, investigation and trial procedures in criminal cases are carried out in Arabic. If an accused person does not speak Arabic, the law allows the authorities to call in an approved interpreter or a licensed interpreter or to use an approved technical method of interpretation.
Clarify the right to a lawyer carefully. UAE law does not provide a blanket rule that all those arrested are entitled to a state provided attorney upon their arrest. Article 4 contains provisions for court provided the defence counsel in cases of certain serious felonies, in Article 98, the lawyer of the accused is allowed to attend investigations and access investigation papers, unless the Public Prosecution otherwise decides in the interests of investigation.
This is why it is essential for an arrested person to get legal help as quickly as possible, not because a person will automatically be appointed.
What to do After an Arrest
The initial action is to stay calm and not resist or hinder the police. An accused person should obey lawful orders while also asserting the rights that he or she has under the law. If the situation is complicated by aggressive behaviour or attempts to interfere with the investigation, further complications arise.
The accused should also refrain from making unnecessary statements on the allegations. However, it is expressly recognized in Article 48 that the right to remain silent exists. No person ought to guess about facts, to try to explain an allegation without fully comprehending it or to make statements because of pressure or confusion. The best way is to seek legal counsel before giving a substantive response.
Care should also be taken when dealing with documents. An accused individual should not sign any statement, confession or any other document which he does not understand. If the document is in Arabic and the accused cannot read or understand Arabic well enough to sign it, the person is asked to ask for someone to explain it to them and for legal advice, before signing the document. This is especially crucial as investigation reports contain the statements made during the proceedings.
Basic information should be recorded as soon as possible, too. This could include the police station involved, the time and location of the arrest, the name or other identifying information for any officers involved and any documents or property seized during the arrest. The Criminal Procedures Law stipulates the Judicial Police Officers’ actions to be documented in reports, including the time and place of the actions.
Understanding Police Detention and Public Prosecution.
The first period after arrest is very crucial. An arrested person who is not released shall be handed over to the competent Public Prosecution within 48 hours pursuant to Article 48. The Public Prosecution shall question the accused and order his release or remand within 24 hours.
The public prosecution is an integral part of the criminal process. It carries out investigations, can interrogate the accused, collect evidence and decide if the case should go forward. If the arrested person is unable to be questioned by the Prosecutor at once, then the arrested person may be detained in the designated detention facility which does not exceed 24 hours[1] unless the person must be sent to the Public Prosecution for questioning.
The length of time after the first prosecution decision is also significant. A detention order by the Public Prosecution is valid for 7 days and can be renewed for another 14 days at most (Article 107). After those periods, if continued pretrial detention is still thought to be necessary, the Public Prosecution must be able to present the case file to a competent criminal court judge. The judge has the discretion to impose a subsequent detention (which could be renewable for up to 30 days) or to set the accused free, bail or no bail. The defendant may appeal some detention extensions under the law.
This implies that detention would be subject to statutory stages and judicial oversight. A lawyer can help determine if the legal criteria for continued detention have been met, and whether an application for provisional release should be filed.
Bail and Provisional Release.
Depending on the offence, the stage of the proceedings and the circumstances of the accused, a provisional release may be available. The Public Prosecution may authorise provisional release of a person in a felony or misdemeanour case before referral to the competent court, with the exceptions provided for in Article 108. Subsequent to referral for trial, the court to which the case is referred takes on jurisdiction of the release.
Release may be granted subject to conditions. Article 109 allows release on a personal guarantee or bail bond, and can include a travel ban. Depending on the stage of the case, the amount of bail will be set by the Public Prosecution or court.
Bail must therefore not be offered as an automatic alternative to detention. This is a matter that is dependent on the facts of the case and the laws that apply. If release is allowed, the accused would be required to abide by the conditions that are placed on them. Consequences of not complying with this may include revocation of the release arrangement and additional detention.
Early legal representation can be particularly important at this point as counsel can examine the grounds for detention and draft an application for release and submit to the court any representations about the accused’s situation.
The role of the Criminal Lawyer
A criminal lawyer can help throughout the investigation process, including trial and appeal. During investigation, counsel can advise the accused on the allegations, give and show him or her information regarding the procedures available, assist with statements and make appropriate representations to the Public Prosecution.
The lawyer also can help with provisional release and challenge detention where applicable where the legal requirements for detention are not met. The lawyer for a person accused of committing a crime has the right to attend the investigation procedures and has the right to inspect investigation papers, unless the Public Prosecution decides otherwise for the purpose of the investigation.
In the event that the case is referred to court, a defense lawyer is even more crucial as the defense must challenge the prosecution’s case, introduce evidence and make suitable legal submissions. Additionally, the Criminal Procedures Law stipulates for the appointment of counsel in certain serious felony cases if the statute requires it.
Additional Considerations for Foreign Nationals
There may be other practical implications after arrest for foreigners. The UAE has acceded to the Vienna Convention on Consular Relations in 1977. If a foreign national in the receiving state is arrested or detained, the competent authorities shall report the arrest or detention to the competent consular post of the sending state without delay upon request of the person concerned (Article 36). Consular officers also have access to detained nationals and may visit them and communicate with them, and may also help to arrange legal representation, as per Convention and laws of the receiving State.
Therefore, it is advisable for a foreign national to seek consular help as early as possible. But, calling an embassy cannot be a substitute for a UAE criminal lawyer. A consulate can assist in contacting the legal representatives of the accused, and offer consular assistance, but cannot serve as the accused’s defence counsel.
Foreign nationals may also have their travel restricted if a crime has not been solved. A travel ban may be imposed while a criminal case is pending and a criminal conviction may affect immigration status. These concerns are especially significant for those who are expatriates or visitors to the country, and require taking into account aspects relating not only to the criminal proceedings but also the potential immigration implications.
Key risks
The most serious danger is to think that the laws of the accused’s country are applied in the UAE. Acts which may be lawful or otherwise treated as such in other jurisdictions may be a criminal offense in UAE.
The other threat is ‘making or signing statements with no understanding of what is included’. This is especially pertinent when the accused is not fluent in Arabic. People must not take anything for granted and think that a document is just administrative or routine when it is actually a legal document.
There is another practical issue too – travel restrictions. The Criminal Proceedings Law allows the Public Prosecution to issue a travel ban as per the circumstances of the case and the travel ban could be disseminated throughout UAE’s ports.
Lastly, if you delay legal help, legal decisions may be made soon after your arrest that will be costly. Early engagement of counsel means that the accused knows the allegation, has rights to the process, can discuss detention/release matters, and can plan for the further proceedings.
What Happens when the Case goes to a Court
If the Public Prosecution is satisfied of the evidence’s value, the case might be handed over to the appropriate Criminal Court. The prosecution investigates the case prior to referral and can collect evidence and commission experts as needed. If the case does come to court the accused can defend himself or herself using the options provided by the Criminal Procedures Law.
There is more than one possible result. Action may lead to dismissal, release, acquittal, fine or imprisonment or other legally imposed penalty, depending on the circumstances and the law in force. There may be other effects of a conviction for a foreign national, such as immigration or deportation problems.
If a judgment is appealable, the accused should get legal advice as soon as possible since the time limits to appeal are strict. There are specific times for appeals to the Court of Appeal and beyond to the Court of Cassation in the Criminal Procedures Law.
Conclusion
Being arrested in the UAE does not mean that a person has been found guilty. It starts a regulated criminal process between the police, Public Prosecution and ultimately, in case there is a criminal court where it will be brought up. The Criminal Procedures Law guarantees rights relating to a criminal arrest, the right to not incriminate oneself, interpretation, detention, provisional release, against coercion and degrading treatment.
The most critical action needed upon arrest is to stay calm, to not make unnecessary statements and to not sign any documents until reading them and getting legal advice early. Also, foreign nationals should seek consular help where they do not have family or professional relations in UAE.
The main thing to remember is that you shouldn’t try to go through the criminal process by yourself. The early phases may include key decisions about statements, detention and release and the implications of these decisions can carry over into later proceedings. Having good legal support early will provide the accused with a better chance of understanding the process and ensure that he or she has the benefit of rights granted under UAE law.
