Holiday alert: On these days, arrestees may not get bail

Legend has it that Santa will bring your desired Christmas present to you on Christmas day – if your were a good boy or girl all year.

Yet your failure to be good will not only get you out of a Christmas gift. It may get you into jail. Without the option of bail.

December is a celebratory month with four public holidays. On the 16th, we celebrate Day of Reconciliation. This year, Christmas falls on a Sunday, which makes the Monday a public holiday. On the 27th, Day of Goodwill will be celebrated and December 31 marks New Year’s Eve, which is followed by a public holiday.

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And then there are the 2nd, 3rd, 4th, 9th, 10th, 11th, 17th, 18th, 23rd, 24th, 25th and the 30th All Fridays, Saturdays and Sundays.

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Anyone who gets arrested on any of those days, will not appear in court until the first following work day. This means they will stay in custody all weekend – even if that weekend is a long weekend.

So if a night or three in a holding cell is not your kind of Christmas party, stay out of trouble this December. Don’t drive drunk, take a taxi. Don’t get drunk and hit people. Don’t swear or curse at anyone. Just be a little angel.

If you happen to get arrested, however, remember these rights:

The Constitution of the Republic of South Africa guarantees certain fundamental rights that are protected under all circumstances – even for those who are under arrest.

These four rights belong to all arrested suspects in terms of the Constitution’s Bill of Rights:

• Right to remain silent in terms of Section 35 (1)(a) of the Constitution

Although arrested persons have the right to remain silent, they are required to provide their names and addresses.

The arresting officer must inform the arrested person of the consequences of not remaining silent – that is, that any statement made by the accused may be used as evidence against the accused in a court of law.

• Right to be brought before court within 48 hours

Section 48 of the Criminal Procedure Act provides for bringing an arrested person before a court of law within 48 hours.

Section 35(1)(d) of the Bill of Rights states accused have the right to be brought before court as soon as reasonably possible, but no later than:
48 hours after the arrest; or the end of the first court day after expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day.

The 48 hour period applies only to ordinary court hours and days and as such excludes weekends and public holidays from the calculation.

• Right not to be compelled to make confession

Section 35(1)(c) of the Constitution guarantees arrested persons of the right not to be compelled to make a confession or admission that could be used as evidence against them.

If persons are forced to make a statement against their will, such statement will not be admissible in a court of law.

• Other rights of arrested and detained and accused persons

Section 35(4) of Constitution requires that when giving information to a person, the information must be given in a language the person understands.

Section 35(5) of Constitution states that evidence obtained in a manner violating rights must be excluded from trial if it would render the trial unfair or defeat the administration of justice.