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Section 28a Of The Criminal Procedure Code

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Besides, Article 5(3) of the Federal Constitution explains that:‘Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice’.This clause shall be read together with sections 28 and 28A of the Criminal Procedure Code to the effect that firstly, a person who is arrested without a warrant shall be brought before a Magistrate for further instruction either to further detain the person or otherwise which shall not exceed 24 hours from the time of his arrest according to Section 28 of the Criminal Procedure Code. Secondly, an arrested person must be informed as soon as possible of the grounds of the arrest and has the right to consult and be defended by a lawyer of his choice according to Section 28A of the Criminal Procedure Code. …show more content…
This means police does not empowered to arrest for the sole purpose of questioning or for evidence. The grounds must already exist at the time when the person was arrested. The ground to arrest the arrestee must be communicate such as quick and reasonable. However there are deprivation under authority of Emergency Laws such as Public Order of Prevention of Crime Ordinance 1969 requires the arresting officers reasons to believed the are grounds. It does not require the grounds to be informed to the arrested person. Meanwhile, the second limb is about the rights of arrestee to have legal councel. The right of legal representation have two stages which are after arrest and at trial or judicial proceedings. To show the breach of this article, detainee must show that the police has bad faith in terms of obstructed a detainee from exercising his

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