Top OFW Safety Tips

Police Arrests – Bahrain

What will happen if I am arrested?

An arrested person may be asked to confess in front of a judge within 24 hours of being detained. This can be extended to 48 hours on approval by the Prosecutor, and up to a maximum of 12 days in cases of national security and 60 days for terrorism related charges. After the investigation, the police will refer the case to the Prosecutor.

You should be charged within 24 hours, but allegations of being held without charge for a few days persist. You are entitled to legal trial and to contact a lawyer whilst you are in police custody. The standard practice is for passports to be kept by the Clerk of the Court until your release.

What will happen during the investigation?

Before the Prosecutor General, you should be notified of your following rights:

• The right to an interpreter;
• The right to consult a lawyer;
• The right to appeal against the charge(s);
• The right to be examined by a doctor, if unwell;
• The right to be visited – at a reasonable time – by consular staff, and by members of your immediate family.

If proven guilty, regardless of whether or not you have a lawyer, your case will automatically go to the Court of Appeal. You can wait at least another seven more days before your second court hearing where you will be given the chance to defend the charges against you before the judge, or for your lawyer to speak on your behalf.

Can I be released on bail?

Expatriates find it almost impossible to get bail because their temporary status in the country poses a threat that they might abscond. With the agreement of the Public Prosecutor and the Examining Magistrate, bail can only be granted.

What will happen during the trial?

The official language during the trial is Arabic and the court must appoint an interpreter. Trials are heard by a judge or up to three judges per sitting, per case. Evidence is largely, and sometimes solely, on police reports and there is no guarantee your plea(s) will be discussed.

What if I cannot afford a lawyer?

If you cannot afford a lawyer, there are some non-governmental organizations who have lawyers amongst their members, some of whom are prepared to work for free. However, they tend to focus on human rights issues.

Can I appeal the judgement?

If the judgment is not favorable, you can appeal within 30 days from conviction and sentencing. You may appeal against the actual conviction or against the length of sentence.

If your appeal is unsuccessful, you may appeal to the Court of Cassation. The further appeal will not re-examine the case on the grounds of evidence or the conviction but on points of law. Cassation can be a long process and you may find your release date comes first.

Prison Conditions

Upon arrival at the prison, you will be taken to the doctor and your body will be checked also tests will be taken to make sure that you have no diseases and the prison officer will then make a report.

Clemency or Royal Pardon

Royal Pardons can be granted by the King and pleas should be addressed to him. You should have served at least one-third of your sentence to be entitled. If you receive a Royal Pardon and your sentence included a fine, it will not come into effect until the fine has been paid, unless the Pardon clearly states it includes the fine.

Source:
Gulf Law | http://www.gulflaw.info/index.php