• Go with the police, do not fight them or run away. Tell the SAPS or the Metro
  Police that you want to call a lawyer. They have to help you call a lawyer who can
  tell you if you should talk to the police and can help you get released from
  custody. You have a right to talk to a lawyer, and you can talk to the lawyer in
  private.
• You do not have to talk to the police at all, except to tell them your name. You do
  not have to answer their questions or give any statements. Anything you say can
  be used in court against you, so it’s important to talk to a lawyer before you talk to
  the police. NEVER lie to the police. However, depending on the situation, it might
  be best for you to not talk to the police about what happened. You have a RIGHT
  TO REMAIN SILENT, and you do not have to answer questions. Your lawyer can
  tell you what to do. If you need an interpreter, tell the police right away. Make
  sure your lawyer knows, too.

  WHEN CAN THE POLICE ARREST ME?

  1. The police can arrest you if they have a legal form called an “arrest warrant”. If a
  judge or magistrate has signed this form, the police can arrest you by showing it
  to you or telling you about it. They need to tell you why they are arresting you and
  make sure that you understand them. They can touch you, but not hurt you.
  2. The police can arrest you without a warrant if you have committed a serious
  crime or if they believe you will commit a serious crime, or if you commit an
  offence in their presence.

WHAT IF I AM YOUNGER THAN 18?

The Child Justice Act applies to people under the age of 18 who commit crimes. It is
a good idea to call your parents to meet you at the Police Station. You can call both
a lawyer and your parents. If the lawyer tells you that you should talk to the police,
your parents can and SHOULD be there while you talk to them. If you don’t want to
call your parents, the SAPS or the Social Worker on duty at the station can call them
for you.

CAN THE POLICE KEEP ME IN CUSTODY?

Yes, in certain situations. In many situations the police will charge you and then
release you on a “warning to appear”, or they may set an amount of bail which
should be paid at the Police Station, which may have certain conditions for you to
follow. If the police do not agree to release you, they have to arrange for a court
appearance within 48 hours of your arrest, unless that falls on a weekend or holiday,
in which case the appearance will be on the next court day.

THE SOCIAL WORKER CAME TO MY HOUSE WHEN I WAS ARRESTED, AND
MY KIDS WERE PUT IN CARE. WHAT DO I DO?

Your children are in a safe place. Call Legal Aid or your lawyer right away and tell
them what happened. They will be able to help you. Remember that your kids’ safety
is the top priority. They may be able to stay with a family member if your house is not
a safe place for them right now. The social worker may decide to place your children
right away with another parent or relative. If they do not, you will soon receive papers
letting you know about a court application to confirm the apprehension of your
children. You should contact legal aid or your lawyer right away and ask for
assistance with the court application and with the on-going child protection matters.

I HAVE A MEDICAL CONDITION. WHO NEEDS TO KNOW ABOUT IT?

Tell the SAPS what you need. If you need pills or medical supplies, they can help
you to get what you need from your house. Your court worker, lawyer and probation
officer also need to know about your medical condition, you should tell them at the
first opportunity you get. If your medical condition is relevant to the things you’ve
been charged with, be sure to tell your lawyer.

WHAT DO I TELL MY BOSS?

If you can’t get to work because you are in jail, make sure your boss knows you
won’t be at work. Tell him/ her what happened, and ask if you can talk about it in a
few days when you know more about what is going on.