Page 5 - If-you-are-suspected-of-a-criminal-offence

If you are suspected of a criminal offence

Probation service

If you are detained in custody, the Probation Service will be informed
accordingly. Probation officers deal with all those who come into contact with
the criminal justice system. Their primary task is to prevent re-offending.
A probation officer visits every suspect held in custody. You will be able to
discuss any problems you have, and the probation officer will devise an ‘action
plan’ to resolve those problems. The probation officer is able to report your
personal circumstances to the prosecutor at an early stage of the proceedings.
This information may be important when deciding whether or not you are to be
placed on remand awaiting trial.

Further extension of police custody

In principle, you can be held in police custody for up to three days. During this
period, the police will consult the public prosecutor, known as the ‘Officer of
Justice’, to determine what is to happen next. There are three possibilities:
• The Officer of Justice decides that you must be detained even longer in the
interests of the police investigation. He is able to order a further extension of
police custody of up to 72 hours. You will be given a copy of the extension order.
• The Officer of Justice decides that further detention will serve no useful
purpose and will order your release pending trial.
• The Officer of Justice is unable to reach a decision because insufficient
progress has been made in the investigation thus far. He will then order you
to appear before him for further questioning (see page 6).

Rights and restrictions

If necessary, the police can impose certain restrictions on you while you are in
custody. You may, for example, be prohibited from making telephone calls or
sending post. The police have the right to search you and can confiscate
certain objects and items of clothing. They can also restrict or prohibit contact
with certain individuals. You may be photographed and your fingerprints taken.
The police are also entitled to seize objects and property that they consider
important to their investigation. If do not wish to relinquish these items, you
may lodge an objection with the court. Your lawyer can advise you further.
(Note that this list of restrictions is not exhaustive.)

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