Facing arrest in the UAE can be a daunting experience, especially if you’re unfamiliar with the local laws and procedures. The UAE legal system has distinct features that set it apart from Western legal systems, and knowing what to expect can help you navigate the situation more effectively.
If you are arrested, you will be escorted to a local police station. The police must inform you of the reasons for your arrest and your rights under UAE law. These rights include the ability to request legal representation and an Arabic translator if necessary. The police may then proceed with questioning you to gather more information related to your case.
Upon arrival at the station, your personal belongings, including your mobile phone, will be taken and secured in a safe location. You will remain in the clothes you were wearing at the time of your arrest. Men and women are detained in separate holding areas, and you will likely stay in these holding cells until you appear before the public prosecutor. Typically, this happens within 48 hours, though exceptions can occur in cases of public holidays or medical issues.
It’s crucial to be aware of your rights while in custody. In the UAE, you are entitled to:
Being informed about these rights can make a significant difference in how you handle your situation.
In the event of a road traffic accident that results in injury or death, the police will detain the driver involved. The authorities will conduct tests, including blood and urine samples, to check for alcohol or drug use. The driver remains detained until the injured party’s condition is stable. Additionally, if the accident caused significant property damage, detention may also occur.
If you have any medical conditions or are taking prescribed medication, inform the authorities immediately and show any medical certificates you have (in digital or paper form). Police stations typically have a nurse available daily and a visiting doctor at least once a week. If you require medical attention, request it as soon as possible. Access to necessary medical care can be critical, especially in cases of pre-existing conditions.
Within 48 hours of your arrest, you should appear before the public prosecutor. This appearance often occurs via video link. The prosecutor will determine whether you will be released, granted bail, or detained on remand while the investigation continues. They may uphold, modify, or drop the initial charges filed by the police. If there are delays in this process, it is usually due to factors like public holidays or the accused being medically unfit.
The prosecutor’s decision is crucial, as it sets the tone for the rest of the legal proceedings. Your lawyer can advocate on your behalf during this stage, which is why having legal representation is essential.
If you are detained on remand, you will typically remain in the police station while the investigation and trial proceed. The public prosecutor has 21 days to complete the investigation, but this period can be extended. These extensions, known as ‘tamdeed,’ are often necessary when crucial evidence, such as forensic reports, is still pending. Unfortunately, there is no cap on the number of extensions, and you may not always be present when these decisions are made.
It is not uncommon for cases to take several months before going to trial. While on remand, detainees are usually held separately from sentenced prisoners, but this depends on the capacity of the holding facility.
You or your lawyer can request bail at any point. For minor offenses, such as illegal consumption of alcohol, the police may grant bail before your case reaches the public prosecutor. However, once the case is under the prosecutor’s jurisdiction, they or a judge must approve any bail request. Bail conditions in the UAE can include:
Violating bail conditions can have severe consequences, not only for you but also for your guarantor, who may face financial penalties or imprisonment.
If your case is prolonged, you may be transferred from the police station to a central prison. Each Emirate has a central prison, and conditions vary depending on the facility. In most prisons, basic necessities such as a mattress and blanket are provided, though you may need to purchase or arrange for additional items like a pillow. Friends or family cannot bring these items to you; instead, you must buy them from the prison shop.
Cells are not locked during the day, allowing prisoners to move around within designated areas. Shared facilities such as bathrooms are the norm, and there are separate smoking and non-smoking blocks. In general, prison conditions in the UAE are strict but manageable, with prisoners having access to basic hygiene facilities and daily meals. However, bottled water is recommended over tap water, and it must be purchased from the canteen.
The UAE’s legal and prison systems can be challenging to navigate, but understanding your rights and the process can help mitigate some of the stress and uncertainty involved. Always seek experienced legal counsel to advocate for you and guide you through each stage.
