Man arrested with drugs freed after police fail to read rights

The Criminal Court denied a petition for extension of remand and released a man arrested for use and possession of drugs on Sunday after the arresting officers failed to read him his rights.

When presented before the court for his remand hearing on Sunday, the man, a 31-year-old from AA. Bodufulhadhoo, said he wasn’t given legal warning when he was arrested.

Judge Hussain Faiz Rashad found there was no evidence to show he was given legal warning.

He said there was therefore no basis to establish the arrest was made in compliance with the Criminal Procedure Code.

Criminal Procedure Code dictates that suspects must be given legal warning when they arrested, with or without a court warrant.

The legal warning must include the following information:

• That the suspect is being arrested, and the specific law and the specific offense for which he/she is being arrested
• That the suspect had the right to remain silent, other than confirming his/her identity
• That the suspect has the right to remain silent and refuse to answer questions
• That anything the suspect says may be used against them in a court of law
• That the suspect has the right to consult an attorney