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by Amina R.
arrested but still waiting to be charged
my son have been arrested and is still waiting to be charged I do not understand ,why are the police still investigating and is holding him in custody please assist
Category: Criminal Law, Arrest
Region: South Africa, Gauteng
1 Answer
When was your son arrested? Section 50(1)(c)(ii) of the Criminal Procedure Act, is very clear…that an arrested person shall be brought to court not later than 48hours. If it has been over the 48hours time frame and without reasonanle ground for further detention then your son’s Constitutional right is being toiled with.
My suggestion is that you enquire through the investigation officer the reason for the further detention.
Thank you