Marshall Islands

Criminal Procedure Act

PART II- PROCESS ; WARRANTS AND ARREST

§120. Rights of Persons Arrested.

(1) In any case of arrest it shall be unlawful :

(a) to fail to promptly and in detail inform the arrested person of the nature and cause of the accusation against that person ;
(b) to fail to ensure that the arrested person has a prompt opportunity to challenge the arrest’s legality ;
(c) to deny to the person so arrested the right to see at reasonable intervals, and for a reasonable time at the place of detention, counsel, or members of family, or employer, or a representative of employer ;
(d) to refuse or fail to make a reasonable effort to send a message by telephone, facsimile transmission, messenger or other expeditious means, to any person mentioned in paragraph (c) of this subsection, provided the arrested person so requests and such message can be sent without expense to the Government of the Marshall Islands or the arrested person prepays any expense there may be to the Government ;
(e) to fail either to release or charge such arrested person with a criminal offense within a reasonable time, which under no circumstances shall exceed twenty-four (24) hours ;
(f) for those having custody of one arrested, before questioning him about his participation in any crime, to fail to inform him of his rights and their obligations under Paragraphs (a)-(e) of this subsection and under Subsection (2) of this section.

(2) In addition, any person arrested shall be advised as follows :

(a) that the person has a right to remain silent and that anything the person says can be used against that person ;
(b) that the person has the right to legal assistance of that person’s choice and that if the persons lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require ; and
(c) the circumstances, if any, under which the person may secure pretrial release.

Keywords

Fair trial standards



EDIT.