Top OFW Safety Tips

Police Arrests – Oman

What will happen if I am arrested?

The police authorities have the power to detain an arrested person for up to 48 hours. The case is then referred to the offices of the Public Prosecutor.

What will happen during the investigation?

During the investigation, the accused will be given a preliminary charge(s). The Public Prosecutor has the right to keep the same charge, increase the charges or reduce them. There is no limit to the time an accused who has been charged can be remanded in custody pending trial.

During the remand period of 48 hours, the accused must be seen by a Public Prosecutor, except if the accused is still under the influence of alcohol or narcotics, is medically unfit or there is a public holiday. The Public Prosecutor may extend the remand period if a crucial piece of evidence has not been produced.

Can I be released on bail?

The arrested person may make an appeal against his detention to the Court and he may be released if the Court finds no justification for the detention. But if the arrested person has been charged with an offence, he cannot appeal against his detention. The Court may only release the arrested person on bail, provided an amount of money decided by the Court is deposited with it. In some cases the Court may accept a personal guarantee instead of a sum of money.

What will happen during the trial?

When the Public Prosecutor decides to send the case to Court, the date for the first hearing will be set. There is no time limit within which the case must be heard. A judge will then consider the case. It may take longer for a decision to be made in serious or complicated cases.

The Primary Court handles all cases initially and passes judgement. The official language during the trial is Arabic but an interpreter must always be present. If there is no interpreter the court will be adjourned.

What if I cannot afford a lawyer?

Unlike in the Philippines, there is no free public attorney’s in the Sultanate of Oman. If you cannot afford a lawyer, you will have to represent yourself.

Can I appeal the judgement?

If the judgement is not favorable, you can appeal against the sentence. If you have not appointed a lawyer during initial stage, you should consider appointing one at the appeal stage. Within 30 days of sentencing you must submit your appeal to the Appeal Court. This can be submitted by you, through the prison authorities or by your lawyer.

Prison Conditions

If proven guilty, you will be transported from the police station or court to the central prison in handcuffs and leg chains. Upon arrival at the prison you will be subjected to an intimate body search. All of your possessions will be taken away and stored securely. You will be issued with a uniform.

Release and Deportation

If your sentence includes deportation, you will be deported back to the Philippines once your prison term has been served. You must finance your deportation and you will be kept in prison until your air ticket gets paid.

If you are sentenced to deportation, you will then be taken to the airport police station and put in the custody of the Immigration Police. The Immigration Police will escort you to the plane.

Clemency or Pardon

It is possible for the prisoner or their next of kin to request pardon to the Sultan and plea after two thirds of the sentence has been served and any fines have been paid.

Your written plea should give reasons why clemency/pardon should be granted. You should speak to your lawyer about the content of the letter.  The Philippine Embassy can arrange for it to be delivered with a covering letter.

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