Posted: Aug 07, 2017
A thorough study demonstrates that in the criminal procedure law, the arrest might take place mainly in three potential scenarios.
First is when the arrest order issued by Judicial Officers. The law provides the Judicial Officers with a discretionary power to order an arrest, for a maximum period of 48 hours in the following cases:
1. In crimes2. While caught committing an offense in felonies that are not punished by fines.3. In felonies that are not punished by fines if the accused is under investigation or it is probable that he may possibly escape.4. In Felonies of fraud, theft, treasury, 'severe assault, resisting public force personnel by force, breaching public manners, as well as felonies related to weapons, ammunition, alcohol and hazardous drugs.'
Such arrest orders could be issued in the presence or in absentia of the accused.
After getting the accused arrested, the Judicial Officers are most likely to refer them to the Public Prosecution within a period of maximum 48 hours. The Public Prosecution would have the right to decide whether to issue an arrest order or another order to keep him in detention for a longer period or to release him. This is in accordance with Article No. 47 of the same Criminal Procedures Law.
Disclaimer: This article comprises broad and general information about legal materials. The material is general advice and not legal advice, and should not be treated as such. The legal information in this article is provided is extracted from the UAE Criminal Procedures Law Federal Law No. (35) Of the Year 1992 and based on our experiences as a law firm. The information provided are only guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or suspend any legal action because of information provided in this article. You must not rely on the information in this article as a substitute to legal counsel from your attorney or any other practiced professional legal services provider.This information is drafted by licensed legal practitioner and sent from Al Rowaad Advocates & Legal Consultants which is duly licensed law firm to practice law under UAE Law.
Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.