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2
PART
POLICE CUSTODY
6.
7.
General provisions
a.
Detention in police custody shall be an exceptional measure. Legislation, policy, training and standard
operating procedures shall promote the use of alternatives to police custody, including court summons
or police bail or bond.
b.
States should establish measures to promote transparency with regard to police custody, including
inspections by judicial authorities or an independent body and lay visiting schemes involving local
community representatives and legal and health personnel.
Safeguards for police custody
a.
All persons detained in police custody shall have a presumptive right to police bail or bond. States shall
ensure that competent authorities and officials within the state’s criminal justice system authorised to
grant police bail or bond make decisions based on the criteria set out in Part 3 of these Guidelines.
b.
If detention in police custody is determined by the competent authority to be absolutely necessary:
c.
8.
i.
All persons arrested and detained have the right to prompt access to a judicial authority to review,
renew and appeal decisions to deny police bail or bond.
ii.
The maximum duration of police custody, prior to the obligation to bring the arrested person before
a judge, shall be set out in national law that prescribes time limits of no more than 48 hours
extendable in certain circumstances by a competent judicial authority, consistent with international
law and standards.
Persons in police custody shall have access to confidential and independent complaints mechanisms
while in custody.
Access to legal services
a.
States should establish a legal aid service framework through which legal services for persons in police
custody and pre-trial detention are guaranteed.