2. Detention pending first appearance
Pursuant to section 51 of the Police Force Ordinance, an arrested person should be taken immediately to the police officer in charge of the police station, without any unnecessary delay.
The arrested person must be informed of their rights and be provided with a written copy of these rights, constituting a “Notice to Persons in Custody”. The arrested person will first go through procedures like identification, fingerprinting, photographs, and so on. The detainee's property will be documented and the police have the right to seize the items relevant to the investigation (if applicable).
Once processing is completed, the investigation stage begins, led by the OC Case (officer in charge of the case). This stage involves cautioning, interviewing, collecting forensic samples, conducting identification parades and so on.
Throughout the detention, the detainee has rights, including the right to silence, the right to legal representation, and the right to be brought before a Magistrate promptly if not released. They also have the right to medical treatment, rest periods, and refreshments. In case of ill-treatment, the detainee has the right to file a complaint, and any relevant injuries can be photographed as evidence.
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